ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
LEGAL ASPECTS OF ASAS
Dr. Francis SCHUBERT
Head Corporate Development / skyguide
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
Traffic conflict management
SRATEGIC CONFLICT
MANAGEMENT
Airspace organisation
and management
Demand and capacity
balancing
SEPARATION
PROVISION
Pilot maintained
Separation:
 Visual
ASAS
ATC provided
separation
COLLISION
AVOIDANCE
Safety nets
Airborne Collision
Avoidance System
(ACAS)
Short Term Conflict
Alert (STCA)
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
Managed airspace
High density area
ASAS separation
ATC separation
ATC separation
Visual separation
Visual separation
Unmanaged airspace
ATC separation
Visual separation
Airport
ASAS separation
Visual separation
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
Basic principles for traffic separation
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The "Pilot-in-command" principle
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"The pilot-in-command of an aircraft shall have final authority as to the disposition of
the aircraft while in command".
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"The pilot-in-command shall be responsible for the operation and safety of the
aeroplane and for the safety of all persons on board during flight time"
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Annexe 6, part. I, chapt.3, para. 3.2 ,
According to ICAO, "an aircraft shall not be operated in such proximity
to other aircraft as to create a collision hazard";
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Annexe 2, § 2.4.
ICAO Annex 2, § 3.2.1 "Proximity".
The "see and avoid"rule: "pilots are required by regulation and common
sense to maintain a sharp lookout so as to “see and avoid” other
aircraft."
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PanAm v. Port Authority, 787 F.Supp. 312 (E.D.N.Y. 1992) at 318.
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
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"Application of the pilot-in-command concept in tort litigation is inimical
to safety because it destroys one of the ATC's incentives to use due
care. In addition, the premise is inconsistent with the realities of
modern aviation. The pilot in command concept assumes that only the
pilot is responsible for all of the factors that ensure the safety of flight,
such as pre-flight planning and evaluation of the weather."
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"Advanced technology should not be used as an excuse by ATC to
ignore an aircraft and potential danger, but rather as a method to more
closely monitor the aircraft's progress."
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"Second, and more importantly, to relieve air-traffic controllers of all
liability for their negligence would both remove an important incentive
that enhances air traffic safety and undermine public confidence in the
air transport system."
•
K. McChesney Goodman & S. Davis, "Free Flight & the Pilot-in-Command Concept - A Recipe
for Disaster?"
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
Pilot in Command
Pilot in Command
Visual
Separation
Role of ATC
ATCO
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
Pilot in Command
Pilot in Command
Visual
Separation
ATCO
Human Error
Role of ATC
ASAS
Organisation
Technical
Failure
Equip.
Manufacturer
Regulator
Aircraft
Operator
ANSP
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
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"For the new system to work, the courts must clarify the rules governing
liability of pilots and air traffic controllers",
–
K. McChesney Goodman & S. Davis, "Free Flight & the Pilot-in-Command Concept - A
Recipe for Disaster?"
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The issue is not liability rules, but a clear definition of responsibilities
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"…The question may arise whether a reallocation of responsibilities
between pilot in command and air traffic control will become necessary
to legally reflect the changed working environment and interface
between participants."
– Stefan A. Kaiser, "Infrastructure, Airspace and Automation - Air Navigation
Issues for the 21st Century", AASL, vol. XX, part I, 1995, p. 453
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
SESAR & ASAS legal issues
ASAS TN2 Final Seminar
Paris, 14 - 15 April 2008
SESAR & ASAS legal issues
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5.2.1.3 Recommendations
1. The implementation of the ATM Target Concept should be performed
within existing legal frameworks also noting that new legislation is
expensive and time-consuming to develop.
2. When developing the ASAS/self-separation concept clarification of
the responsibility and liability issues of ASAS, including mixed mode of
operation, is required.
3. Future developments of the ATM Target Concept should include
clarification of new roles and responsibilities in order that the legal
implications may be assessed.
4. Future developments of the ATM Target Concept should plan to
make all data flowing through SWIM available for recording in case it is
required for legal/investigation purposes.