legal factors affecting airline industry legal factors affecting airline industry

Many felt they were not well treated and have moved to look for work in other growing areas. Spike in jet fuel prices has a direct influence on the financial portfolio of airline firms. PESTLE analysis is the perfect tool to analyze the impact of the macroeconomic variables mentioned above on a company. Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. It may lead the companies to lower their prices, and as a result, thousands can lose their job. The airline industry needs to do regular technical up-gradation of their system and work on the communication with the air traffic. However, there is often a provision for the contractual obligations to be terminated if a force majeure event continues for a certain amount of time. We will discuss each of them below through PEST analysis it is a useful tool that help to understand the industry situation as a whole. The industry, like airlines, needs to maintain a clear image. New airline Breeze Airways has had to increase pay by over 10% and expand recruitment to Australia to secure new pilots for its fleet (as reported by, As a final thought for 2022, we are likely to see a continued increase in air rage and related safety incidents. During the first half of 2021, there were 3,000 such incidents in the US (according to the. ) There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. Economic Factors Affecting the Airline Industry. Legacy airlines that rely on filling lucrative business and first class cabins will need to rethink pricing models. If the CMA believes that a merger has resulted or may be expected to result in a substantial lessening of competition, and satisfactory undertakings cannot be agreed with the parties, the CMA will evaluate the competitive effects of the merger and may, where it believes the merger has or may result in a substantial lessening of competition in the UK market, refer the merger for an in-depth Phase 2 investigation. The Environment Agency and Natural England are the two bodies with responsibilities in these areas. To that end, lease terms and conditions conventionally contain an indemnification of the owner/lessor of a relevant aircraft against losses and/or claims it incurs as a result of a repossession action. Automation is yet another factor affecting the airline industry as people make use of Skype features or hold a conference call instead of travelling. Southwest Airlines, 6:21-cv-01008-PGB-DCI (M.D. If you want to analyze the situation in which a business finds itself, environmental analysis is a great place to start. Everything in desktop + Templates Community, Join 2023 Edraw Special Sales. These factors include demographic, socio-cultural, economic, political-legal and also the natural factors. Political factors Political factors affecting the airline industry refer to a variety of government interventions that covers common issues in aviation laws and regulations - including aircraft trading, finance and leasing, litigation and dispute resolution. A patent application should include a full description (including drawings) of the invention, the claims defining the invention, an abstract summarising the inventions technical features and the relevant IPO forms. Oil prices hit a 13-year high in March 2022, although they has fallen back since then. There has been pressure on the government to change immigration rules for the sector, but this seems unlikely. While tourism was mostly seen as a form of wanderlust or bonding experience, today it is a way to express social class and purchasing power through social media. As a service-providing industry, the airlines can incorporate constant technological changes to improve their services. It is also worth noting that EU countries have bilateral PNR agreements with third countries in the wake of terrorist attacks across the EU and in the USA. This section specifically discusses the US law of air transport. The business legal environment plays a very important role in determining the success of any businesses around the globe. In 2011 alone, over 2.8 billion passengers were transported by the world's airlines. Given the pace at which AI technology is developing, it is feasible that it may begin to be implemented by airlines and airport operators commercially within the next few years to streamline parts of the passenger experience; for instance, scanning passengers through departures to their designated seats. Heathrow Airport Ltd has stated that they still wish to construct the runway, despite the coronavirus pandemic and, in January 2021, the Supreme Court reversed the Court of Appeals decision that the planned expansion of Heathrow Airport was unlawful on climate change grounds, and determined that the UK Government had taken proper account of the UKs climate change commitments. There are three factors that cause financial problem for airline industry: fuel price, interest rate, currency rate. 'PESTLE Analysis of Airline Industry | Marketing Tutor', Marketing Tutor, [online]. the outcome of the claim is of importance to the public in general. Yes. Such permit will only be granted if the necessary traffic rights exist (under a bilateral international agreement or otherwise), and is also subject to satisfying the Department for Transport of compliance by the operator with administrative requirements relating to the carriers aircraft and its insurance arrangements. 1.5 Are air charters regulated separately for commercial, cargo and private carriers? It can help them to offer a safe and comfortable service. If a company can secure a tie-up with the government, that can be highly beneficial for them. However, aviation is the safest, most efficient . In the meantime, the UK ETS, EU ETS and CORSIA regimes all run in parallel and give rise to increased compliance issues given their overlapping requirements in places. This is a market power test, requiring that there should be effective competition outside of the joint venture. If it is not certified soon, it may need cockpit changes that will restrict its commonality and limit its appeal to many airlines. The CAA is the competent licensing authority in the UK in almost all matters relating to the granting of operating licences. Full text of the Act from the Government Printing Office (GPO). any rights and interests existing prior to ratification of the CTC will retain their priority without the need for registration. For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. Most of the tourists are not interested in visiting countries that have threats due to political conditions. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). The state of the airline industry is strong. There is also a statutory duty for an airport operator to take care, in all reasonable circumstances, to see that a visitor shall be safe in using the premises for the purposes for which he is invited, or permitted, by the operator, to be there. Where more than one airport in a city at one end of the route offers passenger air transport services, this must be assessed for market definition purposes. If you are an affiliate of Harvard Law School, you are welcome to contact us at [email protected] for additional help. With the implementation of the GDPR, the DPA 2018 and the PNR Directive (and the national variations), operators need to continue to review and monitor their mechanisms, processes and procedures in place to ensure compliance with new legislative requirements around the collection and provision of data and the secure handling, retention and use of it. Gatwick has confirmed that the second runway still forms part of its long-term recovery plans despite the impact of the coronavirus pandemic on aviation and travel and, at the time of writing, Gatwicks plans are at the stage of public consultation, which was scheduled to close on 1 December 2021. Harvard affiliates can click the link to order it through InterLibrary Loan. On the positive side, though, charter companies are likely to see new interest from businesses hiring aircraft. Pilots operating EU-registered aircraft will require an EU licence, and similarly, UK pilots will need a UK licence. All these economic factors resulted in increased bankruptcies of major airline companies. The PESTEL analysis of the Airline industry can give an idea about how multiple external factors like politics, economy, sociology, technology, ecology, and law can affect the business of an airline company. This is not a short-term problem and nor is it limited to London Heathrow. There have been no new aircraft, and development has only started again in the past few, The shortage post-COVID has already been seen in the recovering US market. The majority of cases concerning death, serious injury or serious property damage claims arising out of air accidents will be heard by a Court of the Queens Bench Division of the High Court. There are many laws devised for air traffic and the safety and security of passengers. How does this affect businesses though?, you might ask. As per the latest record, more than 5000 airlines are operating worldwide with ICAO codes. The UK bodies are chiefly: the Secretary of State for Transport; and the Civil Aviation Authority (CAA). You can find the complete PESTLE analysis of Anthropologie here on our site. Passenger safety is one of the leading legal concerns in the US airline industry. Neither the EC and the European National Competition authorities (EU regulators) nor the UKs Competition & Markets Authority (CMA) have blocked airline alliances yet, which are usually considered to produce substantial efficiencies and consumer benefits, but have, often following lengthy investigations and negotiations with the parties, required commitments from the parties, to be satisfied that the alliance qualifies for exemption and, in particular, that competition is not significantly affected or eliminated. The links below are to sources related to this topic that are available in the LexisAdvancesubscription legal research database. The registration fees for such priority notices vary according to the MTOW of the subject aircraft, and are currently as follows (subject to revision annually): The relevant registration fee is applied by the CAA on a per aircraft basis. due to ethical reasons), we are here concerned with socio-cultural factors where two or more people are interacting in the workplace. Published: 27/01/2022 Hot off the press 22/02/2023 Oil & Gas Regulation 20/02/2023 Public Procurement 15/02/2023 Private Client A potential mortgagee of a registered aircraft can pre-register a mortgage with the CAA by entering a priority notice, utilising CAA Form CA1330 (obtained from www.caa.co.uk). The limited case law in English law, which applies as precedent to the matter of the priority of aircraft liens and statutory detention rights, suggests strongly that an aircraft lien or statutory detention right will take priority over a registered aircraft mortgage. Due to the pandemic, many countries have temporarily suspended flights from other countries. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. The Civil Aviation Act 1982 and the Air Navigation Order 2009 stipulate that where an aerodrome is open for public use, the aerodrome must be available to all, on equal terms, whether they are foreign or domestic carriers. However, it is possible, and will in many cases be advisable, to notify the CMA, since if a merger may result in a substantial lessening of competition in the UK market, failure to obtain prior clearance risks a reference to a more in-depth investigation and analysis by the CMA (known as a Phase 2 investigation), with the possible consequences described below, which may include a requirement that the purchaser divests. As detailed above, the Montreal Convention became effective in the United Kingdom pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2009 and it can be applied in the UK courts, without particular limitation, on that basis. AI may also have a use in the future management of security in airports. Much of this is related to mask-wearing, but other continuing restrictions are causing upset to passengers. It has been a worry for the airline companies and the government at the same time. Of course, airlines have strategies to hedge against rising fuel prices, but this has been especially difficult with unpredictable future requirements during COVID. John F. O'Connell; George Williams (Editor), Attention All Passengers: The Airlines' Dangerous Descent -- and How to Reclaim Our Skies, Clipped Wings: Corporate Social Responsibility and the Airline Industry, From Lowlands to High Skies: a Multilevel Jurisdictional Approach Towards Air Law, Full Upright and Locked Position: Not-So-Comfortable Truths About Air Travel Today, Peter Belobaba (Editor); Cynthia Barnhart (Editor); Amedeo Odoni (Editor), International Air Carrier Liability: Safety and Security, Andrew J. Harakas; American Bar Association, Tort Trial and Insurance Practice Section Staff (Contribution by), Managing the Skies: Public Policy, Organization, and Financing of Air Traffic Management, The Principles and Practice of International Aviation Law, Progressive Commercialization of Airline Governance Culture, The Routledge Companion to Air Transport Management, Nigel Halpern (Editor); Anne Graham (Editor), https://guides.library.harvard.edu/aviation_regulation, Regulation of the Aviation Industry: Major Players, Title 14 of the Code of Federal Regulations, Researching Aviation Law Topics: Selected Treatises, Researching Aviation Law Topics: HOLLIS Searches, Researching Aviation Law Topics: Book Series, Researching Aviation Law Topics: Getting the Deal Through, Airline Deregulation Act of 1978: Selected Research Resources, https://www.transportation.gov/airconsumer, https://www.gpo.gov/fdsys/pkg/CFR-2004-title14-vol1/content-detail.html, https://www.loc.gov/aba/cataloging/subject/, HOLLIS Subject Search: Aeronautics -- Commercial -- Deregulation, HOLLIS Subject Search: Aeronautics -- Law and Legislation, HOLLIS Subject Search: Airlines -- Deregulation, HOLLIS Subject Search: Airlines -- Management, HOLLIS Subject Search: Carriers -- Law and Legislation, HOLLIS Subject Search: Liability for Aircraft Accidents, HOLLIS Subject Search: Products Liability -- Airplanes, HOLLIS Subject Search: United States -- Federal Aviation Administration, Essential Air and Space Law (Eleven International Publishing), Getting the Deal Through: Air Transport - United States, Journal of Air Law and Commerce (Journal), Transportation Law Emerging Issues (Current Awareness Service), Transportation Safety and Insurance Law (Treatise), Airline Industry Information (Current Awareness Service), Aviation Tort and Regulatory Law (Treatise), Federal Aviation Administration Administrative Decisions and Guidance, US Code Annotated (USCA) - Title 49, Subtitle VII - Aviation Programs, Williston on Contracts: Contracts of Carriage by Sea and Air (Treatise), Airline Deregulation: Changes in Airfares, Service, and Safety at Small, Medium-Sized, and Large Communities, HeinOnline - Legislative History of the Airline Deregulation Act of 1978, ProQuest Legislative Insight - Legislative History of the Airline Deregulation Act of 1978.

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