ZAFAR & ASSOCIATES - LLP | Aerospace & Aviation Law - Pakistan
Aerospace and aviation law concerns with air travel, associated legal and business concerns, largely a matter of international law due to nature of air travel.
Aerospace and aviation law concerns with flight, air travel, associated legal and business concerns, largely a matter of international law due to the international nature of air travel and the international harmony including the space, the moon, and other planets should not be subject to ownership claims by any individuals or nations, however, the business aspects of airlines and their regulation also fall under domestic aviation law.
Aviation is one of the most important ways of travel in the modern world. Transporting people and cargo around the world through the air safely and quickly from one destination to another makes one of the highest primacies for governments and corporations alike.
Aerospace overlaps in a number of key ways, given their shared focus on activities that happen in unclaimed territories like international air space, outer space, and extra-terrestrial planets and objects. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialised agency of the United Nations.
Unluckily; flying is an integrally precarious act, for traveling by air involves a deadly combination of high speeds, high altitudes and volatile substances. Even though advancements in technology and maintenance have made flying one of the safest ways to travel, simple errors and innocent mistakes can imperil the lives of not only those traveling but anywhere a plane falls out of the sky. Due to the nature of flying itself, every airplane accident has the potential to be catastrophic.
Worldwide Aviation Law Services Scope
While millions of people every day hope to safely arrive at their destinations, thousands of people suffer extreme injury or death due to airplane accidents. There are factually thousands of ways an aircraft can suffer a serious calamity, and thousands more factors that no one can foresee or prevent.
Even what appear to be trivial mistakes can have grave consequences at 30,000 feet. Minor deficiencies in the structure of the plane, or seemingly begin weather conditions, or a moments distraction by the pilot or ground crew member can turn even a short flight into an aeronautical nightmares. Furthermore, because there are thousands of planes in the skies at any instant they need constant monitoring by ground stations to ensure they are on the correct flight path. A simple error can spell disaster for not only the flights in the air, but innocent people on the ground as well.
An accident in relation to an aircraft is an occurrence associated with the operation of the aircraft, which takes place between the times any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:
A person is fatally or seriously injured as a result of being in the aircraft, or of being in direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or of direct exposure to jet blast; except when the injuries are from natural causes, or are self-inflicted, by other persons, or when the injuries are to persons secreting themselves outside the areas normally available to the passengers and crew.
The aircraft sustains damage or structural failure which adversely affects the structural strength, the performance, or the flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component; except when the damage is limited to the engine, its cowlings or accessories, or when the damage is limited to propellers, wing tips, antennas, tyres, brakes, bearings, small dents or puncture holes in the aircraft skin or the aircraft is missing or is completely inaccessible.
Although, it is difficult to claim damages based on negligence due to turbulence because of the following:
Turbulence is invisible since it is an air movement, making it nearly impossible to predict;
It can occur in the absence of clouds, one of the few possible indicators of turbulence;
It is not detectable in radar; and
The higher the altitude the more frequent is the turbulence.
An incident in relation to an aircraft is an occurrence other than an accident associated with the operation of an aircraft, which affects or could affect the safety of operation and shall include such occurrences as the Director General CAA may specify in Air Navigation Orders or by other means.
CAA Pakistan Regulations
ZA-LLP, has a professional team of legal experts / consultants who are specialised in Aviation Law, can solve and help aviation matters including aviation settlements, contracts, joint venture agreements, special aspects like registration and marking of aircraft, airworthiness requirements, certificate of airworthiness and allied matters, personnel licenses, issues pertaining to aerodromes facilities and services, public transport, airline license, commercial air operations, private aircraft operations, accidents and incidents, unlawful interference, fares, freight, time tables and miscellaneous issues.
Our extensive knowledge of the most current aviation law and strong relationships with leading attorneys and aviation authorities around the country give our clients a distinct advantage. We focus solely on the legal needs of the aviation community: lenders, aircraft owners, fractional share owners and providers, lessors, lessees and operators, airlines, pilots, and aviation maintenance and support facilities.
Civil Aviation Authority (CAA) is overall responsible for the administrative and regulatory affairs in relation with airworthiness, air transport, flight standards, flight inspection, personnel licensing, aeromedical, airspace regulations, aerodrome regulations, security and safety programmes. For complete updates on Rules & Regulations, please browse through the Pakistan Civil Aviation Authority's official website.
Our team is involved in all types of aviation-related work, whether in the context of a high-value contractual dispute with a manufacturer, the development of an airport, a re-fleeting programme or a major casualty. We deliver advice and know-how on all aspects of the aviation sector, including in particular:
Corporate and commercial
Finance and leasing
Insolvency and restructuring
Liability, accidents and claims
Litigation and dispute resolution
Competition
Regulation
We assist to promote and regulate aviation activities and to develop an infrastructure for safe, efficient, adequate, economical and properly coordinated air transport service, project management, aircraft acquisition, consultancy in every field of public transport services and cargo.
If you or someone you know suffered injury in an aviation accident of any level of severity, you may have the right to take action against those responsible. You have the right to travel safely and when that sense of security is threatened, someone needs to be held accountable for their actions or inactions. Under the law, you may even be entitled to financial compensation for your profound physical and emotional trauma. Aviation law is extremely complicated and requires extensive organization, research, and understanding in order to achieve the justice you deserve. A knowledgeable aviation lawyer / consultant from ZA-LLP can help you navigate these complexities in order to find the closure that you deserve.
To foster and encourage the development and dissemination, of aviation law usages and practices in Pakistan within the legal, industrial, insurance and operational areas:
To encourage and enable legal and commercial rationalisation and simplification of law usage and practice;
To review proposed new legislation and amendments to existing legislation concerning aviation activities;
To acquire and disseminate information on international aviation law and practice;
To develop and encourage the usage and practice of aviation law matters in the legal profession and aviation industry;
To disseminate information on and knowledge of aviation law usage and practices, both Pakistani and international by lectures, discussions, seminars, conventions and publications;
To consider and make representations to regulatory authorities on matters of importance which may require changes to legislation;
To publish and distribute papers, journals and books on matters relating to aviation law and activities; and
To acquire and make available to members information on international aviation law and practice.
Pakistan Civil Aviation Authority is a Public sector autonomous body working under the Federal Government of Pakistan through the Ministry of Defence. It was established on 7th December, 1982 as an autonomous body. Prior to its creation, a Civil Aviation Department in the Ministry of Defence used to manage the civil aviation related activities.
In order to win substantial settlements from aircraft manufacturers, airlines, and aviation insurers all entities with vast corporate resources. Our law firm is willing to make a comparable investment in time and money. Successfully representing clients in aviation law cases requires high-level expertise in the many intricate aspects of aviation, as well as the relevant laws of each state or nation.
Every aviation law case demands tenacious research, technical investigations and innovative legal strategies and we have Lawyers / Consultants who specialize in Aviation law and can cater to all queries with respect of the area as mentioned.
Our Core Competencies
Collaborative Skillset
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Emotional Intelligence
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Technological Affinity
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Time Management
Virtually a substantial part of lawyers difficulties in this regard lie with their inability to prioritise their time.