Aviation law is the branch of law that governs the legalities and business aspects of flight and air transport, such as air traffic rights, aviation safety and security, economic regulations of airlines, and the operation of airports. Read on to find out how this impacts your civil rights.
The South African Civil Aviation Act, 2009 (Act No. 13 of 2009) mandate is to control and regulate civil aviation safety and security; oversee the implementation and compliance with the National Aviation Security program; oversee the functioning and development of the civil aviation industry; promote civil aviation safety and security;
develop regulations that are required in terms of the Act, and monitor and ensure compliance with the Act and the international Aviation Conventions.
In layman terms, the South African Civil Aviation Act (SACAA) is in place to protect citizens who are not only using these modes of transport but also those who suffer on the ground due to tragic incidents like a plane crash. To explain this notion further in terms of everyday people, drones also need permission to fly over and film private property. Something very few videographers, filmmakers, teens, kids and authorities are aware of when they are flying these sophisticated aviation devices in our sky, regardless of the size. In fact, according to the South African Civil Aviation Act, it is the full responsibility of the remote pilot to fly his/her aircraft safely and not endanger the safety of another aircraft, any person or property. The remote pilot must also observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities. After all, who wants a spying drone flying over their home, or worse crashing down and harming someone or your property. The same laws for commercial airlines apply in private aviation too.
So who do you sue and what can you claim for:
Commercial airlines:
A slippery floor
Airplane crew failing to inform passengers to stay seated
Failure to secure luggage
Serving cart accidents
Burning liquids
Plane crash causing either an injury on board or citizens on impact
Drones, hobby planes and other privately owned aeroplanes
Damage to property or people
Privacy issues related to filming or flying above your property
Plane crash causing either an injury on board or citizens on impact
How do I pay the legal fees?
We do consider aviation accident matters on our ordinary no win no fee basis if the case qualifies.
Learn more about our aviation law services
If you would like to institute or pursue an aviation law issue with the assistance of Malcolm Lyons and Brivik, contact us on the details below. Malcolm Lyons and Brivik specialise in medical law, personal injury law, labour and road accident fund claims and have been recognised as leading attorneys in South Africa since 1965.
Contact our offices below for further information
0861 MLB INC
Johannesburg Office
+27(0) 011 268 6697
Cape Town Office
+27(0) 21 425-5570
