Latest updates
No holidays for the sick: functions and powers of aviation regulators during COVID-19 pandemic
SKRINE- Malaysia
- 09 September 2020
In the midst of the COVID-19 pandemic and in a move to boost economic activity through medical tourism in Malaysia, the government has announced that it will partially reopen Malaysia's borders to medical tourists from designated green zone countries (eg, Brunei, Singapore, South Korea, Japan, Australia and New Zealand), allowing them to fly in via commercial or chartered flights.
Wakanda-esque restrictions – forever?
Kennedys Law LLP- Peru
- 09 September 2020
The closure of Peru's borders and the restrictions placed on international flights to and from the country due to COVID-19 have had a highly negative effect on tourism and its related industries. While the ongoing health emergency should not be underestimated, the time to reassess the aviation restrictions has arrived. The aviation industry should at least expect the government to provide clarity with regard to when international operations for passengers will be resumed.
Second eclipse for aviation sector?
HarleyJames- Bahamas
- 02 September 2020
The overall effect of the COVID-19 crisis on the Bahamian aviation sector is unknown and may be for some time; however, there is no doubt that the short-term effects have been severe. Tourism and aviation in The Bahamas go hand in hand, with one affecting the other. The pandemic may provide an opportunity for the country's aviation industry, as there is increasing interest from private aircraft owners and those willing to spend a little more in order to avoid the constraints of scheduled commercial travel.
Supreme Court ruling on airport handling liability
Studio Pierallini- Italy
- 19 August 2020
The Supreme Court recently issued an important ruling on the liability and indemnity for damages caused during the supply of airport ground-handling services to airlines. The case originated from an accident suffered by a Boeing 767 aircraft operated by an Italian carrier at Verona Airport whose right wing hit the sliding gate of the hangar – where the aircraft was being recovered – during the towing phase conducted by one of the handling provider's trucks.
High court dismisses airlines' application for judicial review of penalty imposed by aviation regulator
SKRINE- Malaysia
- 12 August 2020
The Kuala Lumpur High Court recently dismissed an application by AirAsia Berhad and its long-haul sister airline, AirAsia X Berhad, for leave to commence judicial review proceedings against a financial penalty imposed by the Malaysian Aviation Commission (MAVCOM). This was the first time that an airline had sought to challenge a penalty imposed by MAVCOM.
Courts revoke Immigration Authority fines imposed on airlines
- Argentina
- 05 August 2020
In 2019 a number of airlines challenged fines issued by the Immigration Authority (DNM) – in particular, fines relating to an entrance tax imposed on US, Canadian and Australian citizens. A number of recent court decisions revoked such fines and may lead the way towards a new conceptual approach by the Argentine courts regarding the fines that the DNM regularly, and often incorrectly, imposes on airlines.
Transportation Appeal Tribunal of Canada unable to consider costs after withdrawal
Bersenas Jacobsen Chouest Thomson Blackburn LLP- Canada
- 05 August 2020
The Federal Court of Canada recently upheld a Transportation Appeal Tribunal of Canada (TATC) decision which had found that the TATC did not have jurisdiction to accept submissions regarding the legal costs of an air carrier's application for a review of an administrative monetary penalty issued by the Canadian Transportation Agency. The court held that as the penalty had been unilaterally withdrawn by the agency prior to the TATC hearing, the TATC did not have jurisdiction to deal with the question of costs.
Fate of domestic routes post-COVID-19 hangs in balance
Waselius & Wist- Finland
- 05 August 2020
To reduce losses following the COVID-19 crisis, primary Finnish airline company Finnair has suspended many of its loss-making domestic flights to eastern and western Finland. One possible way to save the suspended domestic flight routes would be for the government to provide direct state aid to airlines that wish to operate them. However, such state aid would require EU Commission notification and approval.
OnDemand Aviation industry trends – Peru
Kennedys Law LLP- Peru
- 05 August 2020
The resumption of aviation activities following the COVID-19 shutdown will undoubtedly be the biggest challenge that the Peruvian aviation industry faces in the coming months. Health and safety concerns, the frequency of and demand for flights and the maintenance of airport slots are issues that airlines and the aviation authorities must tackle head on. This video discusses these issues as well as the effects that the COVID-19 pandemic looks set to have on airport infrastructure in Peru.
Aviation legislation takes baby steps towards recovery
Kennedys Law LLP- Peru
- 29 July 2020
The situation faced by the aviation industry is serious and it is likely to be among the sectors which will take the longest to recover from the COVID-19 pandemic despite its importance to the development of a connected world. This article examines recent amendments to Article 274 of the Regulations of the Civil Aviation Law which aim to address the effects of the pandemic on the Peruvian aviation industry.
Weathering COVID-19: aviation regulators' measures to aid aviation operations
SKRINE- Malaysia
- 29 July 2020
On 7 June 2020 the government announced that Malaysia's Movement Control Order would enter a 'recovery phase' beginning on 10 June 2020 and ending on 31 August 2020. As a result, the Malaysian Aviation Commission and the Civil Aviation Authority of Malaysia recently introduced measures to ease the administrative and regulatory challenges faced by the aviation industry during the Recovery Movement Control Order period.
Effects of COVID-19 on Argentine aviation industry
- Argentina
- 29 July 2020
The COVID-19 pandemic has resulted in the introduction of several new resolutions in Argentina. For example, on 12 March 2020, in a general agreement of ministers, the president decreed a state of public emergency for one year and on 19 March 2020 a number of social, preventive and mandatory isolation measures were established. This article examines the effects of COVID-19 on the Argentine aviation industry.
Home office closings in Brazil
Basch & Rameh- Brazil
- 29 July 2020
The COVID-19 crisis has brusquely forced businesses and professionals to close offices and work from home. Luckily, the Brazilian government began implementing measures relating to electronic filings and electronic signatures approximately 20 years ago, all of which have made closing aircraft deals from home offices relatively easy. The Brazilian Aeronautical Registry has adjusted some of its requirements on an interim basis to serve the aviation community by facilitating compliance with necessary formalities and filings.
DOT provides airline payment flexibility for enforcement penalty during COVID-19 pandemic
Cozen O'Connor- USA
- 29 July 2020
The US Department of Transportation (DOT) recently issued a consent order assessing a $70,000 civil penalty against Volaris, the Mexican low-cost airline, for alleged violations of the DOT's regulations governing lengthy tarmac delays. The facts of the case and the DOT's rationale for assessing violations did not break new ground, but aspects of the DOT's order may provide insights into how it is approaching enforcement during the COVID-19 pandemic.
Passenger's fall due to unsteadiness not an accident under Montreal Convention
Bersenas Jacobsen Chouest Thomson Blackburn LLP- Canada
- 22 July 2020
The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled in favour of an air carrier, dismissing a passenger's claim for compensation arising from an alleged fall sustained while exiting the aircraft. In its decision, the BCCRT considered and opined on what constitutes an 'accident' under Article 17 of the Montreal Convention. This decision also provides helpful guidance on the evidentiary requirements in personal injury cases.
Game of drones
SKRINE- Malaysia
- 22 July 2020
Drone technology is developing fast and drone popularity is growing even faster. It is crucial that drone regulations keep up to speed by undergoing periodic updates and amendments. The time is right for a comprehensive update to the rather limited drone rules in the Civil Aviation Regulations. It is also hoped that both the Civil Aviation Authority of Malaysia and the Ministry of Transport will keep a close eye on the development of other aeronautical projects such as the flying car.
UK ETS – aviation emissions post-Brexit
Vedder Price PC- United Kingdom
- 22 July 2020
The government aims to implement a UK emissions trading system (UK ETS) in January 2021 following Brexit. This article outlines aviation-specific considerations of the proposed UK ETS and the interaction of the proposed scheme with the Carbon Offsetting and Reduction Scheme for International Aviation, the International Civil Aviation Organisation's market-based mechanism for offsetting emissions from aviation.
DOT, HHS and DHS issue joint COVID-19 guidance to airlines and airports
Cozen O'Connor- USA
- 15 July 2020
The Departments of Transportation, Health and Human Services and Homeland Security recently issued a non-binding guidance document which recommends that airports and airlines implement specific measures to mitigate public health risks associated with COVID-19, prepare for increased travel volume and ensure that aviation safety and security are not compromised.
MRO agreements from airlines' perspective – combating effects of COVID-19
Arnecke Sibeth Dabelstein- Germany
- 15 July 2020
Under long-term maintenance, repair and overhaul (MRO) agreements, airlines must usually pay a certain rate per flight hour to obtain engine or other component maintenance and repair services or just to have access to a certain spare parts pool. However, during the COVID-19 pandemic, most airlines have ceased their entire flight operations. This article addresses possible contractual clauses and statutory rights on which a claim to adjust payment obligations under an MRO agreement may be based.
COVID-19: non-application of reimbursement obligations under EU Flight Delay Compensation Regulation
Augusta Abogados- European Union
- 15 July 2020
The spread of COVID-19 has had a significant impact on air traffic. The result of this once-in-a-century pandemic has been the global collapse of air travel. This has obviously led to a large number of complaints from affected passengers. This article looks at non-application of reimbursement and compensation claims under the EU Flight Delay Compensation Regulation in this context.
