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. where the value of the turnover in the UK of the enterprise being taken over exceeds 70 million. Added to this, many workers have preferred not to return to the industry. These factors made it difficult to generate profits. There are domestic and international flights. In addition, local authorities play a role at the local level, as do various governmental agencies and bodies such as the Environment Agency and Natural England; and. Among the changes to data protection legislation implemented via the GDPR, some key points include: i) requiring freely given, specific, informed and unambiguous consent from a data subject which must be as easy to withdraw as it is to give; ii) the provision of clear and unambiguous information regarding what the data is to be used for, how long it is to be used for and the requirement to set out exactly what the data subjects rights are in relation to the personal data they provide; iii) maximum fines for breach of the GDPR are the higher of 4% of annual global turnover or 20 million; iv) requiring organisations which engage in regular and systematic monitoring of data subjects on a large scale to appoint a data protection officer (also known as a DPO); and v) the requirement for those processing personal data to be accountable and provide adequate technical and organisational measures to protect any personal data held. The aviation industry is a rapidly growing sector of the economy. The Department for Transport (in exercising the authority of the Secretary of State for Transport) is the governmental body responsible for civil aviation. The relevant market may vary according to the type of passengers: premium and non-premium passengers; or time-sensitive and non-time-sensitive passengers. This was an issue before the pandemic and, especially in some regions, will be worse after. 'A PESTLE analysis of the aviation industry', notesmatic, [online]. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). Insecurity or war factors that affect particular countries always have a negative impact on the airline industry. It has been a worry for the airline companies and the government at the same time. In general terms, there are both (for historical reasons) legal and equitable remedies, and the following may be available: 3.6 Are there any rights of appeal to the courts from the decision of a court or arbitral tribunal and, if so, in what circumstances do these rights arise? With its global reach, reliance on technology, manpower, and heavy use of oil, it is exposed to many risks and threats. 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. Interestingly, the coronavirus pandemic is thought to have encouraged this new proposal, as there have been calls to reform air traffic management in order to make it easier to adapt traffic capacities in accordance with demand (or a lack of, as has been the case during the pandemic). As outlined in question 1.1 above, this Regulation protects passengers in the event of cancellation or long delay. In this edition, well be covering the last of the six categories Legal Factors! Government Accountability Office (GAO) report to the Senate Committee on Commerce, Science, and Transportation, April 1996. But, in any case, any airline operating there is facing serious disruption to their normal sales and customer management plans. the meaning and effect of Regulation 261 is determined by reference to European case law made before 31 December 2020, but the English courts are able to depart from retained CJEU case law and general principles where they consider it appropriate to do so. There is growing political instability in the Middle East and Asia too. The LCSH system features a controlled,hierarchical vocabulary of subject-specific keywords. However, aviation is the safest, most efficient . The claimant must file at court a notice with the claim form, containing a statement of the grounds on which it is entitled to serve the claim form out of the jurisdiction. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. It should be noted, however, that this priority position of an aircraft mortgage is nevertheless subject to certain other in rem rights (liens) of third parties to retain or detain the relevant aircraft until a claim for payment (e.g. 1. Trademarks, patents and designs are registrable with the IPO. Most of the countries have multiple operating airline companies, which makes it a highly competitive market. 4.8 What are the main regulatory instruments governing the acquisition, retention and use of passenger data, and what rights do passengers have in respect of their data which is held by airlines and airports? A failure to do so can incur a fine of up to 1,000. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. PESTLE Analysis of the Global Aviation Industry - Management Study Guide In addition, and by way of further potential protections, if it can be demonstrated to the court that a risk exists or that the relevant aircraft is treated in a way which frustrates the rights of a mortgagee or lessor (for example, removal by an operator of the aircraft from the jurisdiction or by a clear and material degradation of the condition of the aircraft in the circumstances), it is possible to apply to the court, on an expedited basis, for an interim injunction ordering detention of the aircraft by the mortgagor/lessee until judgment regarding repossession of the aircraft has been given by the court. This is affecting airlines, airports, and other companies globally - but the situation is particularly acute in Europe and the UK so far. The party seeking to rely on the clause must demonstrate that they have been engaged in the particular event (Channel Island Ferries Ltd v Sealink UK [1998]). The notification system was abolished by Regulation 1/2003, which entered into force on 1 May 2004, and since then it has no longer been possible to notify agreements to the CMA (or indeed the EC) for clearance. The data controller must notify the relevant authority without undue delay and, where feasible, not later than 72 hours after having become aware of it. The past few years have seen increasing levels of flight disruption due to extreme weather events, and more of this remains a real risk.Changing wind patterns will also lead to more turbulent flights and potentially more complex flight planning. Automation is yet another factor affecting the airline industry as people make use of Skype features or hold a conference call instead of travelling. In the event that the defendant is established out of the jurisdiction, the court may permit a claim form to be served on the defendants agent provided that an agent for service of process has been appointed and that agents authority has not been terminated. 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 Business Insider). The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018, which came into force on 25 May 2018, implemented the PNR Directive in the UK. The effects of the COVID-19 Pandemic have been devastating on the economy, businesses, and people alike. Managementstudyguide.com. Airline companies face similar legal issues as businesses in the Automotive, Technology, and Retail industries. The reason for this is because the airline industry has a major role to play . However, an airline's criteria cannot subject a passenger to any unjust or unreasonable prejudice or disadvantage, such as using a passenger's race, ethnicity, or any other constitutionally. 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. If there is not a force majeure clause in a contract, a party can argue that they are unable to meet contractual obligations due to the contract being frustrated. Coronavirus will affect the airline industry for years to come - but The data controller remains legally responsible for the processing of personal data by the data processor. All Rights Reserved. Air transport started in the 1920s. The concept of force majeure is closely linked to the concept of frustration. PESTEL analysis airline industry can show how technical issues can work upon the growth of the airline industry: The significant environmental factor that has been a concern for environmentalists is its CFC emission. How Do Legal Factors Affect Business? MBA PESTEL : South African Airways (B) PESTEL / PEST Analysis Applicants for registration of a mortgage must complete and provide to the CAA a Form CA1577 (see www.caa.co.uk), together with a complete copy of the related aircraft mortgage deed (provided it has been certified as a true copy by the applicant). Different issues are addressed by different bodies and, in the UK, the following laws and standards apply: The EU ETS and CORSIA are of particular relevance to aircraft owners and financiers in addition to the operators of aircraft affected as they may give rise to certain rights of UK regulators to detain and sell aircraft for failure to comply with the regulations, although it appears that the previous statutory right to do so for failure to pay EU ETS penalties appears to have been removed under the UK ETS. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). This type of application may be made without notice to the operator of the relevant aircraft if the mortgagee or the lessor (as the case may be) can demonstrate the urgency of the matter to the court in accordance with the applicable Civil Procedure Rules. This exception does not apply if the merger parties notified the acquisition by submitting a merger notice. There are several reasons for this. Political impact. In particular, airlines remain subject to restrictions in aircraft operations and safety that remain outside of their control. Though the number of passengers has increased over the years, most airline companies failed to see a surge in their revenue. Si vous ne souhaitez pas que nos partenaires et nousmmes utilisions des cookies et vos donnes personnelles pour ces motifs supplmentaires, cliquez sur Refuser tout. It can harm their image and have some negative impact on their business. Now, theres nothing inherently difficult about conducting PESTLE analysis (or using any other such frameworks), but it can sometimes be a tad troublesome when deciding what constitutes each of the 6 categories (for reference, these are: Political, Economic, Social, Technological, Legal, and Environmental). Terrorism does not have to involve physical hijacking, though. In 2011 alone, over 2.8 billion passengers were transported by the world's airlines. T he airline industry will wear the scars of the coronavirus pandemic for a very long time.. On 19 March, Qantas announced it was grounding its entire international fleet. the planning framework operated by local authorities. The UK competition authorities in all likelihood at the present time will follow an analysis similar to that of the CJEU and the EC. Many of these materials are provided as searchable full-text PDFs. Proper strategies and plans can be very fruitful in this case. This is not a short-term problem and nor is it limited to London Heathrow. The Secretary of State has a general responsibility for organising, carrying out and encouraging measures for the development of civil aviation and the related aviation industry, for the promotion of its safety and efficiency, for research into questions relating to air navigation, and for the safeguarding of the health of persons on board aircraft. Among the key factors assessed using this method include: political factors, economic factors, social factors, technological factors, legal frameworks and environmental concerns. The workforce in Canada is very diverse and represents different walks of life. With global operations and operating at the leading edge of technical development, operators are exposed to wide-ranging and unpredictable events. There is very limited risk indeed that such a consequence will arise, subject to any considerations of a general nature which might arise as a result of the application of a reasonableness test under the Unfair Contract Terms Act 1977 (which would in turn be almost unheard of given the wide body of historical transacting and knowledge of terms and conditions which typify the aviation sector). Since September 11, 2001, several air carriers have sought to reorganize under Chapter 11 of the U.S. Bankruptcy Code, including United Airlines, the second-largest U.S. air carrier, US Airways, the seventh-largest U.S. air carrier, and several smaller competitors. The rates of APD . If it is not certified soon, it may need cockpit changes that will restrict its commonality and limit its appeal to many airlines. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? UK Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005. it is to be given a purposive construction taking recitals into account; the process of interpretation includes provisions of international law incorporated into Regulation 261 by reference; and. No company wants the publicity that goes with disruptive passengers, abuses of staff, and emergency situations affecting flights. Since the end of the 1980s many reforms have affected the industry, transforming it from the rigid government mandated duopoly of the 80s into the relatively open market that exists today. But they also will make it harder for airlines to show profits as the squeeze is expected to push up labor costs at a time when carriers face significantly higher fuel prices. Broadly, the DPA 2018 applies to the processing (such as obtaining, recording, holding, using, disclosing or erasing) of personal data. Shortages of ground staff, including security, baggage handling, and ramp agents, have led to significant delays in processing passengers and in handling flights. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. The Court held that the claimant was entitled to compensation. 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.
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