CIVIL AVIATION

Civil aviation is one of two major categories of flying, representing all non-military
aviation, both private and commercial. Most of the countries in the world are
members of the International Civil Aviation Organization (ICAO) and work together
to establish common standards and recommended practices for civil aviation
through that agency.

Civil aviation includes two major categories:

Scheduled air transport, including all passenger and cargo flights operating on
regularly scheduled routes; and

General aviation (GA), including all other civil flights, private or commercial

Although scheduled air transport is the larger operation in terms of passenger

numbers, GA is larger in the number of flights (and flight hours, in the U.S.[1]) In the
U.S., GA carries 166 million passengers each year,[2] more than any individual
airline, though less than all the airlines combined. Since 2004, the US Airlines
combined have carried over 600 million passengers each year, and in 2014, they
carried a combined 662,819,232 passengers.[3]

Some countries also make a regulatory distinction based on whether aircraft are
flown for hire like:

Commercial aviation includes most or all flying done for hire, particularly
scheduled service on airlines; and Private aviation includes pilots flying for their
own purposes (recreation, business meetings, etc.) without receiving any kind of
remuneration.

A British Airways Boeing 747-400 departs London Heathrow Airport. This is an

example of a commercial aviation service.

All scheduled air transport is commercial, but general aviation can be either
commercial or private. Normally, the pilot, aircraft, and operator must all be
authorized to perform commercial operations through separate commercial
licensing, registration, and operation certificates.

GOVERNING LAWS

CIVIL CODE CAB ( CIVIL AERONAUTICS

BOARD )
CIVIL AVIATION AUTHORITY RA 9497 AMENDED RA 776 WARSAW
CONVENTION

RA 9497

-to provide safe and efficient air transport and regulatory services in the philippines
by providing for the creation of a civil aviation authority with jurisdiction over the
restructuring of the civil aviation system, the promotion, development and
regulation of the technical, operational, safety, and aviation security functions
under the civil aviation authority.

CASE
KUWAIT VS PAL
FACTS: On 21 October 1981, Kuwait Airways and Philippine Airlines entered into a
Commercial Agreement,[4] annexed to which was a Joint Services Agreement

The Commercial Agreement covered a twice weekly Kuwait Airways flight

on the route Kuwait-Bangkok-Manila and vice versa.

The agreement stipulated that only 3rd and 4th freedom traffic rights
between Kuwait and Manila and vice versa will be exercised. No 5th freedom traffic
rights will be exercised between Manila on the one hand and Bangkok on the other.

The freedom traffic rights referred to in the Agreement are the so-called
five freedoms contained in the International Air Transport Agreement (IATA) signed
in Chicago on 7 December 1944.

FIVE FREEDOMS (CHICAGO CONVENTION)

To fly across its territory without landing.

To land for non traffic purposes.

To put down passengers, mail, and cargo taken on in the territory

of the country whose nationality the aircraft possesses.

To take on passengers, mail, and cargo destined for the territory of

the country whose nationality the aircraft possesses.

To take on passengers, mail, and cargo destined for the territory of

another agreeing nation and to put down passengers, mail, and
cargo coming from any such territory.
 The Commercial Agreement and the annexed Joint Services Agreement was
subsequently amended by the parties six times between 1981 and 1994. At one
point, in 1988, the agreement was amended to authorize Philippine Airlines to
operate provisional services, referred to as ad hoc joint services, on the Manila-
Kuwait (and vice versa) route for the period between April to June 1988.

In April of 1995, delegations from the Philippines and Kuwait (Philippine

Panel and Kuwait Panel) met in Kuwait. The talks culminated in a Confidential
Memorandum of Understanding (CMU) entered into in Kuwait on 12 April 1995.
Among the members of the Philippine Panel were officials of the Civil Aeronautics
Board (CAB)

DEFINITIONS

(a) Air Freight Forwarders means any indirect air carrier which, in the ordinary
and usual course of its undertaking, assembles and consolidates or provides for
assembling and consolidating such property or performs or provides for the
performance of break-bulking and distributing operations with respect to
consolidated shipments, and is responsible for the transportation of property from
the point of receipt to point of destination and utilizes for the whole or any part of
such transportation the services of a direct air carrier.

(b) Off-line Carrier means, for purposes of this Regulation, any foreign air
carrier not certificated by the Board, but who maintains office or who has
designated or appointed agents or employees in the Philippines, who sells or offers
for sale any air transportation in behalf of said foreign air carrier and/or others, or
negotiate for, or holds itself out by solicitation, advertisement, or otherwise sells,
provides, furnishes, contracts, or arranges for such transportation.

(c) Air Taxi Operator means an air carrier utilizing small aircraft for charter trip
and/or individual service transportation within the territory of the Republic of the
Philippines, with proper certification or permit from the Board.

(d) General Sales Agent means a person, who, pursuant to an authority from
an airline, by itself or through an agent, sells or offers for sale any air
transportation, or negotiates for, or holds himself by solicitation, advertisement or
otherwise as one who sells, provides, furnishes, contracts or arranges for, such air
transportation.

(e) Cargo Sales Agent means any person who does not directly operate an
aircraft for the purpose of engaging in air transportation or air commerce and who,
as principal or agent, sells, or offers for sale any air transportation of cargo, or
negotiates for, or holds himself out by

ECONOMIC REGULATION NO.2

DEF: Charter flight or charter trip means air transportation performed by

an air carrier where the entire capacity of one or more aircraft, or less than the
entire capacity of an aircraft, has been engaged for the movement of persons and
their personal baggage or for the movement of property on a time, mileage or trip
basis:

(1) By a person for his own use (including a direct air carrier when such
aircraft is engaged solely for the transportation of company personnel or
commercial traffic in cases of emergency);

(2) By a representative (or representatives acting jointly) of a group for

the use of such group (provided no such representative is professionally
engaged in the formation of groups for transportation or in the solicitation
or sale of transportation services); or

(3) By an airfreight forwarder holding a currently effective permit.

c. On-route shall refer to service performed by an air carrier between points

between which said carrier is authorized to provide service pursuant to its
certificate of public convenience and necessity or foreign air carrier permit;
Provided, however, that passenger charter trips by any all-cargo carrier are not
considered to be on-route whether or not performed between points designed to
receive service by such carrier in its certificate or permit.

d. Off-route shall refer to any charter which is not on-route.

e. Pro-rata charter means a charter the cost of which is divided among the
passengers transported.

f. Single entity charter means a charter the cost of which is borne by the
charterer and not by individual passengers, directly or indirectly.

g. Mixed charter means a charter the cost of which is borne, or pursuant to

contract may be borne, partly by the charter participants and partly by the
charterer.

h. Charter group means that the body of individuals who shall actually
participate in the charter flight.