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DGCA ATPL Air Regulations study materials
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DGCA ATPL Air Regulations practice questions

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Question 1National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Which enactment is the primary legislation under which the Central Government regulates the manufacture, possession, use, operation, sale, import and export of aircraft in India?

  1. The Aircraft Act, 1934 Correct answer.
  2. The Aircraft Rules, 1937
  3. The Carriage by Air Act, 1972
  4. The Airports Authority of India Act, 1994

Explanation

The Aircraft Act 1934 is the parent statute whose long title covers control of the manufacture, possession, use, operation, sale, import and export of aircraft. The Aircraft Rules 1937 are subordinate legislation made under the rule-making power in Section 4 of that Act.

Question 2National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An aircraft registered in India must display the nationality mark prescribed by the Aircraft Rules, 1937. Which mark is used?

  1. IND
  2. VH
  3. VT Correct answer.
  4. IN

Explanation

Rule 15 of the Aircraft Rules 1937 requires every aircraft registered in India to bear the nationality mark 'VT' followed by the registration mark allotted to it. 'VH' is the nationality mark of Australia, and 'IN' or 'IND' are not prescribed for Indian civil aircraft.

Question 3National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, which authority issues and renews the Certificate of Airworthiness for an aircraft registered in India?

  1. The Airports Authority of India
  2. The Bureau of Civil Aviation Security
  3. The Ministry of Defence
  4. The Director General of Civil Aviation Correct answer.

Explanation

Rule 19 requires a valid Certificate of Airworthiness before flight, and the DGCA is the authority that issues and renews it after satisfying itself on airworthiness. AAI manages airport infrastructure, BCAS deals with civil aviation security, and the Ministry of Defence is concerned with military aviation.

Question 4National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An aircraft is to be entered in the Indian Register of Civil Aircraft. Under Rule 7 of the Aircraft Rules, 1937, which of the following owners is eligible for such registration?

  1. A foreign national who is not resident in India and holds no Indian licence
  2. A company incorporated in a foreign country and having its principal place of business there
  3. A company registered in India with its principal place of business in India Correct answer.
  4. A partnership firm whose partners are all foreign nationals resident abroad

Explanation

Rule 7 permits registration where the aircraft is wholly owned by the Central Government, a State Government, a citizen of India, or a company or body corporate registered in India with its principal place of business in India, among other specified categories. Ownership by a foreign company or foreign nationals outside these categories does not qualify.

Question 5National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under Rule 39 of the Aircraft Rules, 1937, a person may act as pilot-in-command of a civil aircraft in India only if that person holds which of the following?

  1. A valid pilot licence appropriate to the aircraft Correct answer.
  2. A valid medical certificate issued by any registered medical practitioner
  3. A valid Certificate of Airworthiness for the aircraft
  4. A valid radio telephone operator's licence only

Explanation

Rule 39 prohibits any person from acting as pilot of an aircraft unless holding a valid pilot licence of the appropriate category, class or type. The Certificate of Airworthiness is a document for the aircraft, while a medical certificate alone does not confer pilot privileges.

Question 6National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Section 11 of the Aircraft Act, 1934 confers on authorised officers which power in respect of offences under the Act?

  1. Power to seize the licences of all crew members on board the aircraft
  2. Power to arrest without warrant a person committing an offence Correct answer.
  3. Power to detain an aircraft pending payment of outstanding Government dues
  4. Power to compound offences on payment of a sum of money fixed by the officer

Explanation

Section 11 of the Aircraft Act 1934 empowers an officer authorised by the Central Government to arrest without warrant any person who has committed, or is reasonably suspected of having committed, an offence under the Act. Compounding is covered by Section 10 and detention of aircraft by Section 8, so those powers are separate.

Question 7National legislation: Aircraft Act 1934 and Aircraft Rules 1937

The Central Government frames rules to implement Annexes to the Convention on International Civil Aviation. Which provision of the Aircraft Act, 1934 specifically supplies this power?

  1. Section 13 Correct answer.
  2. Section 4
  3. Section 8
  4. Section 11

Explanation

Section 13 empowers the Central Government to make rules to carry out the Convention on International Civil Aviation, including its Annexes. Section 4 is the general rule-making power for the Act, while Sections 8 and 11 deal with detention of aircraft and arrest respectively.

Question 8National legislation: Aircraft Act 1934 and Aircraft Rules 1937

For the purposes of the Aircraft Act, 1934 and the Aircraft Rules, 1937, an 'aircraft' is defined as which of the following?

  1. Any powered aircraft with fixed wings and a maximum all-up weight above 500 kg
  2. Any structure designed for the carriage of persons or goods by air, including gliders
  3. Any machine deriving support from air reactions, other than reactions against the earth's surface Correct answer.
  4. Any vehicle capable of sustained flight in the atmosphere, including hovercraft

Explanation

Section 2 of the Aircraft Act 1934 defines an aircraft as any machine that derives support in the atmosphere from reactions of the air, other than reactions of the air against the earth's surface. This excludes hovercraft and ground-effect machines and does not depend on power, wing configuration or weight.

Question 9National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An accident occurs to an aircraft registered in India. Under Rule 133A of the Aircraft Rules, 1937, which course of action is open to the Central Government?

  1. Direct the aircraft owner to conduct the investigation and publish the report
  2. Refer the matter to the International Civil Aviation Organization for a binding verdict
  3. Leave the investigation entirely to the State where the wreckage is found
  4. Appoint a Committee of Inquiry to investigate the accident and report its findings Correct answer.

Explanation

Rule 133A of the Aircraft Rules 1937 provides for investigation of accidents, including appointment of a Committee of Inquiry by the Central Government; the DGCA may also order an investigation. The operator cannot investigate its own accident and ICAO does not issue binding verdicts on accidents.

Question 10National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An operator has contravened a rule made under the Aircraft Act, 1934. Section 10 of the Act permits which response by the competent authority?

  1. Referring the matter to the Director General of Foreign Trade
  2. Cancelling the operator's Air Operator Certificate without any hearing
  3. Detaining the aircraft indefinitely without any order
  4. Compounding the offence by accepting a specified sum of money Correct answer.

Explanation

Section 10 of the Aircraft Act 1934 empowers the Central Government or an authorised officer to compound offences under the Act on payment of a specified sum, thereby avoiding prosecution. It does not authorise indefinite detention of aircraft or automatic cancellation of an operator's certificate.

Question 11National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under Rule 3 of the Aircraft Rules, 1937, an 'aerodrome' is best described as which of the following?

  1. A terminal building at an airport used for processing passengers and their baggage before boarding
  2. A radio navigation aid installed to guide aircraft on the approach to a runway
  3. A workshop area used exclusively for the maintenance and repair of aircraft
  4. A defined area of land or water intended for the landing and departure of aircraft Correct answer.

Explanation

Rule 3 defines an aerodrome by reference to the ground or water area set apart for the landing and departure of aircraft, and the definition extends to buildings, sheds, piers and similar structures on or appertaining to that area. A terminal building, a navigation aid or a maintenance workshop may be located at an aerodrome but does not itself constitute the aerodrome.

Question 12National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Section 2 of the Aircraft Act, 1934 defines 'air transport service'. Which of the following falls within that definition?

  1. A service for the transport of passengers, mail or cargo by air for hire or reward Correct answer.
  2. A service for the surface transport of passengers between an airport and a city terminal
  3. A flight operated solely for the purpose of training a student pilot
  4. A flight in a privately owned aircraft flown by its owner for personal travel

Explanation

The statutory definition is built around the carriage of passengers, mail or cargo by air for hire or reward. Private flying and pure training flights do not carry traffic for reward, and surface transport to an airport is not carriage by air.

Question 13National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, who is the 'pilot-in-command' of an aircraft?

  1. The pilot designated by the operator to command the aircraft and responsible for its safe operation Correct answer.
  2. The pilot with the greatest total flying experience on the aircraft type, irrespective of designation
  3. The pilot who occupies the left-hand control seat in a multi-crew aircraft
  4. The pilot who owns the aircraft or who holds the largest financial share in it

Explanation

Rule 3 links command to the operator's designation: the pilot-in-command is the pilot designated by the operator to command the aircraft and responsible for its safe operation. Seniority in hours, ownership or seat position does not by itself confer command.

Question 14National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Section 9 of the Aircraft Act, 1934 deals with which of the following?

  1. Detention of an aircraft suspected of being unfit to fly
  2. Power to arrest a person without warrant for an offence under the Act
  3. Compensation for loss or damage caused to persons or property by the flight of an aircraft Correct answer.
  4. Penalty for flying an aircraft at a height prohibited by the rules

Explanation

Section 9 makes the owner liable to pay compensation where loss or damage is caused to persons or property by reason of the flight of an aircraft. Arrest, detention and penalties for breaches of the rules are dealt with by other sections.

Question 15National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An operator intends to carry dangerous goods by air on an aircraft registered in India. Under the Aircraft Rules, 1937, the carriage must conform to which document?

  1. The Indian Railways dangerous goods tariff, applied by analogy
  2. ICAO Annex 17, which governs aviation security
  3. The operator's own cargo manual, provided it is approved by the airport manager
  4. The ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air Correct answer.

Explanation

The Rules require dangerous goods to be carried in accordance with the ICAO Technical Instructions, which set out classification, packing, marking, labelling and documentation requirements. Annex 17 deals with security, and a purely internal manual does not replace the prescribed international standard.

Question 16National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, the medical examination required for the issue of a pilot licence must be conducted by which person?

  1. An examiner approved by the Council of ICAO
  2. A medical examiner approved by the Director General of Civil Aviation Correct answer.
  3. Any medical practitioner registered in India
  4. A medical officer of the armed forces nominated by the Ministry of Defence

Explanation

Pilot licensing is administered by the DGCA, and the Rules require the applicant's medical fitness to be established by a medical examiner approved by the DGCA. Ordinary registration as a medical practitioner, service status or ICAO endorsement does not confer that approval.

Question 17National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, which authority licenses aerodromes in India?

  1. The Director General of Civil Aviation Correct answer.
  2. The Airports Authority of India, for all aerodromes in the country
  3. The Ministry of Defence, for all civil aerodromes
  4. The International Civil Aviation Organization

Explanation

The DGCA is the authority that licenses aerodromes under the Rules. The Airports Authority of India manages many airports, but management is distinct from the licensing function, which rests with the civil aviation regulator.

Question 18National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, a certificate of registration of an aircraft remains in force until which event?

  1. The first certificate of airworthiness for the aircraft is issued
  2. Twelve months from the date of issue, after which it must be renewed annually by the registered owner
  3. Cancellation by the DGCA, or destruction, permanent withdrawal from use or transfer of the aircraft Correct answer.
  4. Five years from the date of issue, after which it lapses automatically

Explanation

Registration is not a time-limited approval. It continues until the DGCA cancels it or until an event such as destruction, permanent withdrawal from use or transfer of the aircraft requires a fresh registration in the new owner's name.

Question 19National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Section 1 of the Aircraft Act, 1934 extends the Act to the whole of India. It also applies outside India to which of the following?

  1. Foreign-registered aircraft carrying Indian passengers on international flights
  2. Aircraft registered in India, wherever they may be, and to persons on board such aircraft Correct answer.
  3. All aircraft, irrespective of registration, while they are overflying Indian territory
  4. Only aircraft owned by the Government of India and operated on official business

Explanation

The extra-territorial reach of the Act is attached to Indian registration: the Act applies to aircraft registered in India wherever they may be and to persons on board them. Foreign-registered aircraft are not covered by Section 1 in that way, and ownership by the Government is not the criterion.

Question 20National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under Section 2 of the Aircraft Act, 1934, the expression 'Contracting State' refers to which of the following?

  1. A State that is a member of the United Nations
  2. A State whose aircraft are permitted to land at Indian airports
  3. A State that is a party to the Convention on International Civil Aviation Correct answer.
  4. A State that has signed a bilateral air services agreement with India

Explanation

The Act uses 'Contracting State' in the technical sense of a State party to the Convention on International Civil Aviation signed at Chicago in 1944. Bilateral traffic rights and UN membership are separate matters and do not create a contracting State for this purpose.

Question 21National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, when two aircraft are approaching head-on or approximately so and there is danger of collision, what action must each aircraft take?

  1. Climb to the maximum practicable height.
  2. Alter its course to the right. Correct answer.
  3. Alter its course to the left.
  4. Reduce speed to the minimum safe flying speed.

Explanation

The rules of the air require each aircraft in a head-on converging situation to alter course to the right so that both aircraft pass clear of each other. Climbing, reducing speed, or turning left does not provide the prescribed lateral separation and may increase the risk of collision.

Question 22National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, which document is required to be carried on board an aircraft during a flight?

  1. Type certificate
  2. Weight and balance report
  3. Journey log book Correct answer.
  4. Aircraft maintenance programme

Explanation

Rule 51 specifies the documents that must be carried on board, and the journey log book is one of them. The maintenance programme, weight and balance report, and type certificate are aircraft records kept by the operator or in the technical library, not documents required on board for the flight.

Question 23National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An aircraft registered in India is destroyed in a hangar fire. Under the Aircraft Rules, 1937, what is the correct position regarding its registration?

  1. The registration must be converted into a temporary permit.
  2. The registration remains valid until the next certificate of airworthiness renewal.
  3. The registration is automatically transferred to the owner of the hangar.
  4. The registration may be cancelled by the DGCA. Correct answer.

Explanation

Rule 10 of the Aircraft Rules, 1937 allows the registration of an aircraft to be cancelled where the aircraft is destroyed or permanently withdrawn from use. A destroyed aircraft cannot continue as a registered aircraft, and the registration is not transferred to another party or converted into a temporary permit.

Question 24National legislation: Aircraft Act 1934 and Aircraft Rules 1937

Under the Aircraft Rules, 1937, where must the nationality and registration marks of an aircraft be displayed?

  1. Only inside the cockpit in clear view of the crew.
  2. Only on the upper surface of the wings.
  3. Only on the landing gear doors.
  4. On the fuselage or equivalent structure. Correct answer.

Explanation

The nationality and registration marks must be displayed on the fuselage or equivalent structure of the aircraft in the prescribed manner. Markings on the wings may be required as additional markings in certain cases, but they do not replace the fuselage markings.

Question 25National legislation: Aircraft Act 1934 and Aircraft Rules 1937

A pilot descends to 200 feet above a city to give passengers a close view of a monument. Under the Aircraft Rules, 1937, this flight is permissible only if:

  1. The aircraft is certified for single-pilot operations.
  2. The flight is necessary for take-off or landing, or is permitted by the competent authority. Correct answer.
  3. The pilot holds a valid instrument rating.
  4. All passengers have been briefed on the manoeuvre.

Explanation

Low flying below the prescribed height is prohibited except when it is necessary for take-off or landing or when permission has been granted by the competent authority. Neither the pilot's instrument rating nor passenger briefing creates an exception to the low-flying rule.

Question 26National legislation: Aircraft Act 1934 and Aircraft Rules 1937

An operator uses a helicopter to spray pesticides over agricultural fields under a contract with farmers. Under the Aircraft Rules, 1937, how is this operation classified?

  1. Scheduled air transport service
  2. Commercial air transport
  3. Aerial work Correct answer.
  4. Private flying

Explanation

Aerial work covers specialised uses of an aircraft such as crop spraying, survey, photography, or flying training, where the purpose is not the carriage of passengers, mail, or cargo for hire or reward. Commercial air transport is the carriage of passengers, mail, or cargo for hire or reward, and a scheduled air transport service is a specific public transport operation, so neither fits pesticide spraying.

Question 27International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Under Article 1 of the Chicago Convention, what do contracting States recognise in respect of the airspace above their territory?

  1. A right of innocent passage for all foreign State aircraft without permission.
  2. Complete and exclusive sovereignty over that airspace. Correct answer.
  3. A shared international regime administered by ICAO for commercial routes.
  4. Sovereignty limited to the territorial sea but not the airspace over land.

Explanation

Article 1 of the Chicago Convention states that every State has complete and exclusive sovereignty over the airspace above its territory. Territory includes the land areas and territorial waters under the sovereignty of that State. This principle is the basis for requiring permission for overflight and for negotiating air services rights.

Question 28International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Which ICAO Annex contains the Standards and Recommended Practices for the licensing of flight crew, air traffic controllers and other aviation personnel?

  1. Annex 1 - Personnel Licensing Correct answer.
  2. Annex 2 - Rules of the Air
  3. Annex 8 - Airworthiness of Aircraft
  4. Annex 6 - Operation of Aircraft

Explanation

Annex 1 to the Chicago Convention is Personnel Licensing and contains the international standards for licensing flight crew, air traffic controllers and other aviation personnel. Annex 2 deals with rules of the air, Annex 6 with operation of aircraft and Annex 8 with airworthiness. Licensing requirements are therefore found in Annex 1.

Question 29International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A foreign airline plans to operate a scheduled international air service into a contracting State. Under the Chicago Convention, what authorisation is required?

  1. No authorisation if the flight carries no revenue traffic.
  2. Automatic authorisation under Article 5 for all non-scheduled flights.
  3. Special permission or other authorisation from that State. Correct answer.
  4. Only a flight plan filed with the destination's air traffic services unit.

Explanation

Article 6 of the Chicago Convention provides that a scheduled international air service may not be operated over or into the territory of a contracting State except with special permission or other authorisation from that State. Such permission is normally implemented through a bilateral air services agreement and operating authorisation. A flight plan alone does not confer traffic rights.

Question 30International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Which ICAO Annex governs the operation of aircraft in international commercial air transport, including flight crew training and operational control?

  1. Annex 13 - Aircraft Accident and Incident Investigation
  2. Annex 18 - Dangerous Goods
  3. Annex 11 - Air Traffic Services
  4. Annex 6 - Operation of Aircraft Correct answer.

Explanation

Annex 6, Operation of Aircraft, contains the international Standards and Recommended Practices for aircraft operations. Part I applies to international commercial air transport by aeroplanes and covers matters such as operational control, crew training and operating procedures. The other Annexes listed deal with air traffic services, accident investigation and dangerous goods respectively.

Question 31International air law: Chicago Convention, ICAO Annexes, bilateral agreements

In a bilateral air services agreement, an airline is permitted to carry traffic between two foreign States on a route that begins or ends in its home State. Which traffic right does this describe?

  1. Third freedom - set down in a foreign State traffic taken on in the home State.
  2. Fifth freedom - carry traffic between two foreign points on a home-State service. Correct answer.
  3. First freedom - overfly a foreign State without landing, subject to prior notification.
  4. Second freedom - land in a foreign State for technical purposes such as refuelling.

Explanation

The fifth freedom allows an airline to carry traffic between two foreign States as part of a service that originates in or is destined for its home State. It is more extensive than the first and second freedoms, which concern overflight and technical stops, and differs from the third freedom, which concerns traffic carried from the home State to a foreign State.

Question 32International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Under the Chicago Convention, what is the general requirement for a foreign civil aircraft entering the territory of a contracting State, unless otherwise permitted?

  1. Obtain prior diplomatic clearance from the ICAO Council.
  2. Land at a customs airport designated by that State. Correct answer.
  3. Land only at the airport closest to the international boundary.
  4. Proceed directly to any aerodrome without notification if flying VFR.

Explanation

Article 10 of the Chicago Convention requires aircraft entering the territory of a contracting State, except where permitted by special agreement or otherwise, to land at a customs airport designated by that State for customs and other examination. The same Article addresses departure from a customs airport. The requirement supports customs, immigration and public health controls.

Question 33International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A bilateral air services agreement contains a clause allowing each party to designate one or more airlines to operate the agreed services. What is the usual regulatory effect of such a designation clause?

  1. It entitles the airline to seek operating authorisation on the agreed routes. Correct answer.
  2. It automatically grants the designated airline cabotage rights in the other State.
  3. It replaces the need for the airline to hold an air operator certificate from its home State.
  4. It exempts the designated airline from the other State's safety and security laws.

Explanation

A designation clause identifies the airline or airlines that a party wishes to use for the agreed services. The other party then considers the application for operating authorisation under the agreement and its laws, often checking matters such as substantial ownership and effective control. Designation does not by itself grant cabotage rights or exempt the airline from safety and security requirements.

Question 34International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Under Article 33 of the Chicago Convention, when must a contracting State recognise certificates of airworthiness and licences issued by another contracting State?

  1. Only when the aircraft is used for non-scheduled rather than scheduled operations.
  2. When the issuing State's requirements meet or exceed ICAO minimum standards. Correct answer.
  3. When the issuing State is an ICAO member and the certificate is written in English.
  4. Only after the ICAO Council has individually validated each certificate.

Explanation

Article 33 requires recognition of certificates of airworthiness and of competency and licences issued or rendered valid by the State of registry, provided that the requirements under which they were issued are equal to or above the minimum standards established under the Convention. Recognition is not made conditional on the language of the document. The provision supports international operations while preserving minimum safety standards.

Question 35International air law: Chicago Convention, ICAO Annexes, bilateral agreements

In ICAO terminology, what is a Standard?

  1. A rule applicable only to State aircraft and military operations.
  2. An optional specification with no notification requirement.
  3. A necessary safety or regularity specification, with differences notified. Correct answer.
  4. A recommendation binding only under a bilateral air services agreement.

Explanation

A Standard is a specification for physical characteristics, configuration, material, performance, personnel or procedure whose uniform application is recognised as necessary for the safety or regularity of international air navigation. Contracting States are expected to conform, and if they cannot comply with a Standard they must notify ICAO of the difference under Article 38. A Recommended Practice is recognised as desirable rather than necessary.

Question 36International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Under Article 29 of the Chicago Convention, which document must be carried on board an aircraft engaged in international navigation?

  1. The operator's route manual
  2. The air operator's security programme
  3. Certificate of registration Correct answer.
  4. The aircraft maintenance programme

Explanation

Article 29 lists the documents that aircraft engaged in international navigation must carry, including the certificate of registration, certificate of airworthiness, appropriate licences for crew members, journey logbook, radio station licence and, where applicable, passenger and cargo manifests. Maintenance programmes, security programmes and route manuals may be required by other provisions or by the operator's State, but they are not the Article 29 document listed here.

Question 37International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Which ICAO Annex contains the Standards and Recommended Practices for the rules of the air, governing the flight and manoeuvring of aircraft in international navigation?

  1. Annex 12 - Search and Rescue
  2. Annex 2 - Rules of the Air Correct answer.
  3. Annex 11 - Air Traffic Services
  4. Annex 3 - Meteorological Service

Explanation

Annex 2 (Rules of the Air) contains the Standards and Recommended Practices governing the flight and manoeuvring of aircraft; Article 12 of the Chicago Convention obliges each contracting State to keep its national rules of the air in conformity with them, and the same Standards apply over the high seas. The other Annexes named deal with air traffic services, meteorological service and search and rescue respectively.

Question 38International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An aircraft registered in State A, a contracting State, intends to make a non-scheduled flight into State B carrying passengers for remuneration. Under Article 5 of the Chicago Convention, which statement is correct?

  1. State B may attach such regulations, conditions or limitations as it considers desirable to the taking on or discharge of traffic in its territory. Correct answer.
  2. State B must apply exactly the same conditions that it applies to scheduled services under a bilateral agreement, without any additional requirement.
  3. State B may not regulate the flight, since non-scheduled operations fall outside the Convention and are governed only by the State of registry.
  4. State B may refuse the flight unless a bilateral air services agreement has first been concluded between State A and State B covering that route.

Explanation

Article 5 gives aircraft of other contracting States the right to fly into, transit and make stops for non-traffic purposes without prior permission, and allows non-scheduled commercial flights to take on and discharge traffic. That privilege is expressly subject to the right of the State where embarkation or discharge takes place to impose such regulations, conditions or limitations as it considers desirable.

Question 39International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Under Article 7 of the Chicago Convention, each contracting State may reserve cabotage to its own aircraft. Cabotage in this sense means the carriage of passengers, mail or cargo for remuneration between:

  1. two points within the territory of the same State, performed by an aircraft of another State. Correct answer.
  2. a point in a contracting State and a point on the high seas outside any national territory.
  3. two points located in the territories of two different contracting States.
  4. two points within the territory of the same State, performed by an aircraft registered in that State.

Explanation

Article 7 entitles each State to refuse permission to the aircraft of other States to take on traffic in its territory destined for another point within that same territory, and to reserve such internal carriage to its own aircraft. Carriage between two different States is a matter of traffic rights in a bilateral agreement, while carriage within one State by that State's own registered aircraft is ordinary domestic operation to which the cabotage reservation does not refer.

Question 40International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An international airport in State X is used by both national and foreign airlines, and State X proposes to increase its landing fees. Under Article 15 of the Chicago Convention, which requirement applies?

  1. Foreign aircraft must be charged at least the same rate as national aircraft, so that local operators are not disadvantaged by subsidised fees.
  2. A single flat charge must apply to every aircraft using the airport, because Article 15 forbids any differentiation between classes of aircraft.
  3. Charges may be set at any level the State considers appropriate, provided the tariff schedule is published in the State's aeronautical information publication.
  4. Foreign aircraft must not be charged more than national aircraft of the same class engaged in similar international services. Correct answer.

Explanation

Article 15 requires that charges for the use of airports and air navigation facilities imposed on the aircraft of other contracting States be not higher than those paid by national aircraft of the same class engaged in similar international services. States may differentiate according to the class of aircraft and the services used, but they may not discriminate against foreign operators, and the charges must be published.

Question 41International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A contracting State finds it impracticable to comply in all respects with an international Standard contained in an ICAO Annex. Under Article 38 of the Chicago Convention, what must the State do?

  1. It must suspend all flights affected by the Standard until full compliance has been demonstrated to ICAO.
  2. It must denounce the Convention in respect of the Annex concerned before it may depart from the Standard.
  3. It must notify ICAO of the differences between its own practices and the Standard. Correct answer.
  4. It may disregard the Standard entirely, because Standards are guidance material with no obligation attached.

Explanation

Article 38 requires a State that finds it impracticable to comply with an international Standard to notify ICAO immediately of the differences between its own practice and that Standard. ICAO then publishes the differences so that other States and operators can see where the State's regime departs from the Annex, and the State must also notify any subsequent changes.

Question 42International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An airline designated by State A operates a scheduled service from State A to State B and sets down in State B passengers, mail and cargo that it took on in State A. Under the traditional classification of traffic rights, which freedom of the air is being exercised?

  1. The second freedom of the air.
  2. The fifth freedom of the air.
  3. The third freedom of the air. Correct answer.
  4. The fourth freedom of the air.

Explanation

The third freedom allows an airline to set down, in the territory of the partner State, traffic taken on in the airline's home State. The fourth freedom is the reciprocal right to take on traffic in the partner State destined for the home State, the fifth freedom permits carriage between two foreign States on a route beginning or ending in the home State, and the second freedom is a technical stop for non-traffic purposes.

Question 43International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A bilateral air services agreement allows State A to refuse or revoke the operating authorisation of an airline designated by State B where that airline is not substantially owned and effectively controlled by State B or its nationals. Which situation most directly engages that clause?

  1. The airline's flight crew hold licences issued by a State other than State B.
  2. Nationals of State C hold the majority of the airline's shares and control its board. Correct answer.
  3. The airline's aircraft are registered in a State other than State B and bear that State's nationality marks.
  4. The airline operates more fifth-freedom sectors between third countries than the bilateral agreement permits.

Explanation

Bilateral air services agreements normally require the designated airline to be substantially owned and effectively controlled by the designating State or its nationals, so that the traffic rights accrue to the State party to the agreement. Where ownership or effective control rests with third-country nationals, the partner State may refuse to grant, or may revoke, the operating authorisation.

Question 44International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An aircraft registered in State Y has an accident in the territory of State X. Both States are parties to the Chicago Convention. Under Article 26, which statement is correct?

  1. ICAO's Council conducts the inquiry and issues the final report on behalf of both States.
  2. Only State X may take part; State Y may not be represented unless the operator expressly requests it.
  3. State Y must conduct the inquiry because the aircraft appears on its register, and State X may only assist.
  4. State X institutes the inquiry, and State Y may appoint observers to be present. Correct answer.

Explanation

Article 26 requires the State in whose territory the accident occurs to institute an inquiry into the circumstances of the accident, in accordance with the procedure established by ICAO, and to give the State of registry the opportunity to appoint observers to be present at the inquiry. This reflects the registry State's interest in the airworthiness and operation of the aircraft.

Question 45International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A pilot who is a national of State A holds a licence issued by State B and wishes to fly an aircraft registered in State A over State A's territory. Under Article 32 of the Chicago Convention, which statement is correct?

  1. The licence becomes valid in State A automatically once ICAO has endorsed it.
  2. The licence is invalid unless the pilot also holds a licence issued by the State of registry, since dual licensing is required.
  3. State A may refuse to recognise the licence for flight over its own territory. Correct answer.
  4. State A must recognise the licence because it was issued by a contracting State in accordance with Annex 1.

Explanation

Article 32 requires flight crew to hold certificates of competency and licences issued or rendered valid by the State in which the aircraft is registered, but paragraph (b) preserves each State's right to refuse to recognise, for flight above its own territory, licences granted to its own nationals by another contracting State. Recognition of foreign licences under Article 33 therefore does not extend to a State's own nationals holding third-State licences.

Question 46International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An aircraft is cruising over the high seas. Under Article 12 of the Chicago Convention, which rules of the air apply to that flight?

  1. No rules apply, since the high seas are not the territory of any State.
  2. The rules established under the Convention, i.e. the Standards of Annex 2. Correct answer.
  3. The national rules of the State of registry, applied extra-territorially over the high seas.
  4. The national rules of the State of departure, until the aircraft enters another State's flight information region.

Explanation

Article 12 provides that over the high seas the rules in force are those established under the Chicago Convention, meaning the Standards of Annex 2 as adopted by ICAO. A State's national rules, together with any differences it has notified under Article 38, apply over its own territory rather than over the high seas.

Question 47International air law: Chicago Convention, ICAO Annexes, bilateral agreements

For reasons of military necessity, a contracting State establishes a prohibited area over part of its territory. Under Article 9 of the Chicago Convention, how must the location and extent of that area be handled?

  1. Refer the proposed prohibited area to the ICAO Council for prior approval
  2. Keep the location and extent confidential for reasons of military security
  3. Publish and communicate it to other contracting States and to ICAO Correct answer.
  4. Notify only the airlines of the State that has established the prohibited area

Explanation

Article 9 permits a State to restrict or prohibit other States' aircraft over specified areas for military necessity or public safety, but the prohibited area must be of reasonable size and must not interfere unnecessarily with air navigation. Descriptions of the area and any later changes must be communicated as soon as possible to the other contracting States and to ICAO.

Question 48International air law: Chicago Convention, ICAO Annexes, bilateral agreements

Annex 13 to the Chicago Convention contains ICAO Standards and Recommended Practices dealing with which subject?

  1. Aerodrome design and operations
  2. Aviation security
  3. Aircraft accident and incident investigation Correct answer.
  4. The safe carriage of dangerous goods by air

Explanation

Annex 13 is the Accident and Incident Investigation annex; it sets out the international framework for reporting, investigating and sharing safety information after accidents and serious incidents. It is not an aerodrome, security or dangerous goods annex.

Question 49International air law: Chicago Convention, ICAO Annexes, bilateral agreements

A foreign civil aircraft intends to land at a private airstrip in State B that is not designated as a customs airport. Under Article 10 of the Chicago Convention, what does the aircraft require?

  1. Only a radio clearance from air traffic control
  2. Special permission from State B Correct answer.
  3. No permission, provided the flight is non-scheduled
  4. A prior written approval from ICAO

Explanation

Article 10 provides that, except where the Convention or a special permission of the State concerned allows a crossing without landing, an aircraft entering a State's territory must land at a designated customs airport if the State's regulations so require. Landing at a non-designated site therefore needs the special permission of that State.

Question 50International air law: Chicago Convention, ICAO Annexes, bilateral agreements

An aircraft registered in State A carries radio transmitting apparatus and flies into State B; both are contracting States to the Chicago Convention. Under Article 30, which authority must issue the licence for the installation and operation of that apparatus?

  1. The State of registry of the aircraft Correct answer.
  2. The State where the aircraft operator has its principal place of business
  3. The State from which the flight initially departed
  4. ICAO, through its regional office

Explanation

Article 30 requires the radio transmitting apparatus carried on board to be licensed by the appropriate authorities of the State in which the aircraft is registered. The State whose territory is flown over may regulate the use of the apparatus while the aircraft is there, but it does not issue the installation licence.