Aviation
Aviation Law Specialist
We are aviation law experts and experienced pilots
Our lawyers are trained pilots.
Besides being familiar with flying, we have also been instructors in aviation law for the private pilot’s licence training. In addition, we have handled aviation cases both as members of the court and in private practice.
Liability for damages and criminal liability in aviation
The liability for damages under the Aviation Act is governed by the provisions of the Damages Act. The aircraft owner, possessor and operator shall, regardless of any negligence, be jointly and severally liable for any damage caused by the use of an aircraft for aviation to any person or property not being carried on board that aircraft. Consequently, liability issues may come as a bit of a surprise. Similarly, the authorisation procedures, including consultation, for example, for the construction of an aerodrome or obstacle to air navigation can be difficult to manage.
Chapter 23, section 1 of the Criminal Code regulates the endangering of traffic safety and subsection 2 specifically regulates air traffic. The scope of the offence of endangerment is very broad and is not limited to persons holding a licence for some aviation-related activity. As regards aviation, it should also be noted that the restrictive provision of the paragraph does not apply to air safety. Thus, conduct which creates only an abstract minor hazard is punishable as a traffic safety offence.
The penal provisions relating to aviation are partly in the Aviation Act and partly in the Criminal Code. What is punishable when carrying out a task, for example on board an aircraft or in a ground organisation, that affects aviation safety, or what is to be taken into account when operating a drone, for example, taking into account the importance of the UAS zone (and in the future the importance of U-space airspace) is not entirely obvious and the use of a legally trained aviation expert may be a good choice in case you have to deal with such matters.
It should be noted that when using a drone, you should take into account the General Data Protection Regulation (GDPR) which aims to protect everyone’s personal data from misuse. Personal data is information that allows a person to be identified, directly or indirectly. In particular, filming someone who is under domestic peace can lead to criminal penalties and, depending on the situation, also to damages, which may be worth discussing with a lawyer.