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To what extent is the AIP legally binding?

this is the actual vfr chart published in AIP.

would you consider data (for example cta) given on it legally binding or not ?

Last Edited by cpt_om_sky at 17 Nov 19:15
Austria

Yes you are likely to have to follow the circuit as per AIP on departure & arrival, as Malibuflyer said sticking to AIP tend to cover your flying from a variety of legal things out there: noise agreements, environmental laws, conditions of aerodrome use, overflying cities…

If you don’t do that then you are likely to get prosecuted for that, you can install a webcam & FR24 server and start reporting pilot deviations from published circuit on busy summer day at LOIH

One you have gathered enough evidences of VFR pilots flying straight-in and managed to get a court to fine them for that, you can move to pilots flying straight-in in IMC

However, good luck prosecuting a pilot flying IFR in IMC or VFR in VMC as per that published circuit, it’s just impossible in the context of private pilots, the only “visbility & cloud judge or police” out there in Golf is terrain, plus some “forums pilots”…

Actually, you can depart with zero visibility in the absence of RVR/ATC WX for flying and TAF/METAR for planning in the context of solo private flying, no one can stop you, prove it or fine you…there is literally no mechanism in EU or AIP law that allow any of that, it’s pilot interpreted visibility, however, you may find plenty of legal charges associated with that takeoff: departing with insufficient fuel, overweight, unairworthy aircraft, no licence, busting airspace, low flying over city…

Last Edited by Ibra at 17 Nov 19:52
Paris/Essex, France/UK, United Kingdom

You are misunderstanding „legally binding“.

The chart is contained in the AIP as a service to pilots. The AIP is a tool. Many things in the AIP, such as this chart, are based on the actual law (which states something along the line of „no entry into controlled airspace without clearance“ → SERA).

To construe that the AIP is law is something else entirely.

It is an „information publication“ and not the law.

Again: following the AIP will, in many cases, assure one is also following the law.

For discussing legal details, on the other hand, the AIP is a unsuitable sole source.

I learned this, that the AIP is not law, to my amazement, during a course lectured by a senior manager of the civil aviation authority.

Happy to be corrected, always eager to learn.

Last Edited by Snoopy at 17 Nov 19:31
always learning
LO__, Austria

@gallois wrote:
Does this statement indicate that EASA have lodged a differences statement with ICAO regarding the number of radios that should be carried?

A difference statement needs to be issued by a individual ICAO member state, which EASA is not.

Last Edited by chflyer at 17 Nov 19:49
LSZK, Switzerland

AIP content is maintained more or less rigorously current, varying by country. It is normally a good source of current information but to say it is law? … I wouldn‘t want to quote the AIP as defence in a court of law ;)

LSZK, Switzerland

in austria

1.
the AIP is one way, given by law, to publish laws and regulations.
(there is a rather complicated constutional way how (drafts of) laws that have passed the house of parliament finally come into effect.
part of it is that they have to be published in a “constutional” way. the same is true with regulations on a lower level of legislation.

2.
laws and regulations that are published in the AIP as laws and regulations are legally binding.

3.
there are laws and regulations that are “just republished” in AIP.
others come into effect as they are “constutionally” first published via AIP.

4.
as the AIP is published by austro controll which is a state agency (department of civil aviation/part of the ministry of transport) responsibel for it defined by law,
it is, seen from the legal point of view, the same as a ministry is publishing a new regulation (verordnung)
wherein laws are quoted or reffered to (because a regulation always has to be consistent with laws that
are in effect.)

as AIP is thereby a governmental publication you can quote from its ​"legally binding" parts
like you could from the books of law themselfs.

so the question is my view is not wether the AIP as a whole is legally binding or law by itself.

the answer is the AIP is a legally necessary/possible way by the republic to publish laws and especially regulations
so the come duly into effect.
ONLY those parts of the AIP that are designated as laws and regulations are legally binding.

Last Edited by cpt_om_sky at 17 Nov 20:39
Austria

cpt_om_sky wrote:

this is the actual vfr chart published in AIP.

would you consider data (for example cta) given on it legally binding or not ?

Two separate issues.

Regarding the CTA, the law is SERA.6001 “Classification of airspaces” which states that “Member States shall designate airspace in accordance with the following airspace classification.” The chart informs you of what designation the competent authority has chosen.

Actually, I would say that the binding designation is the coordinates published in AIP ENR, not the charts in AIP AD.

ESKC (Uppsala/Sundbro), Sweden

here is an example of a regulation that was published via AIP/austro control/department of aviation
so that it could come into effect as a regulation.

and it is legally binding.

https://www.austrocontrol.at/jart/prj3/ac/data/dokumente/LO_SUP_2021_11_en_2021-11-05_1211560.pdf
LO_SUP_2021_11_en_2021_11_05_1211560_pdf

Austria

Note that these AIP PDFs are dead by the time most people read them, so I have to download them and upload the copy here.

Just done the one in the post above.

Everyone can do it

Administrator
Shoreham EGKA, United Kingdom
in austria

1.
the AIP is one way, given by law, to publish laws and regulations.
(there is a rather complicated constutional way how (drafts of) laws that have passed the house of parliament finally come into effect.
part of it is that they have to be published in a “constutional” way. the same is true with regulations on a lower level of legislation.

2.
laws and regulations that are published in the AIP as laws and regulations are legally binding.

3.
there are laws and regulations that are “just republished” in AIP.
others come into effect as they are “constutionally” first published via AIP.

4.
as the AIP is published by austro controll which is a state agency (department of civil aviation/part of the ministry of transport) responsibel for it defined by law,
it is, seen from the legal point of view, the same as a ministry is publishing a new regulation (verordnung)
wherein laws are quoted or reffered to (because a regulation always has to be consistent with laws that
are in effect.)

as AIP is thereby a governmental publication you can quote from its ​"legally binding" parts
like you could from the books of law themselfs.

so the question is my view is not wether the AIP as a whole is legally binding or law by itself.

the answer is the AIP is a legally necessary/possible way by the republic to publish laws and especially regulations
so the come duly into effect.
ONLY those parts of the AIP that are designated as laws and regulations are legally binding.

I highly doubt most of this, and especially this part:

the AIP is a legally necessary/possible way by the republic to publish laws and especially regulations
so the come duly into effect.

We’re not going anywhere, let’s ask a lawyer.

always learning
LO__, Austria
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