Traduction de «translation of affecte la sécurité du vol » (Français → Anglais) :

2. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances.

What should be understood by the concept of extraordinary circumstances which, according to paragraph 23 of the Wallentin judgment, surround the event ‘unexpected flight safety shortcomings’ as referred to in the aforesaid recital 14 if, in the light of paragraph 22, unexpected flight safety shortcomings cannot themselves constitute extraordinary circumstances but may only produce such circumstances?

In answering the question of whether all reasonable measures were taken to limit the delay which occurred as a result of technical problems which have an effect on the flight safety shortcomings, must the court take account of circumstances which aggravate the consequences of a delay, such as the circumstance that the aircraft affected by the technical problems, before returning to its home base, must, as in the present case, call at a number of airports, which may result in an accumulation of time lost?

It is apparent from paragraph 23 of the Wallentin judgment that a technical problem can be considered to be covered by ‘unexpected flight safety shortcomings’ and is therefore an ‘event’ within the meaning of paragraph 22 of the Wallentin judgment; the circumstances surrounding that event may nevertheless be regarded as extraordinary if they relate to an event which is not inherent in the normal exercise of the activities of the air carrier and beyond the actual control of that carrier on account of its nature or origin, as provided in paragraph 23 of the Wallentin judgment; according to paragraph 24 thereof, the resolution of a technical prob ...[+++]lem which can be traced back to poor maintenance of an aircraft is inherent in the normal exercise of an air carrier’s activity; therefore, according to paragraph 25 of the Wallentin judgment, such technical problems cannot constitute extraordinary circumstances.

It appears to follow from those paragraphs that a technical problem which is covered by ‘unexpected flight safety shortcomings’ is simultaneously an event which may be surrounded by extraordinary circumstances and may itself constitute an extraordinary circumstance.

Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

In this regard, the establishment of regulations that will limit flight and duty times for flight attendants must be supported for reasons of safety, rather than to optimize employment benefits.

The limit also includes 'some elements of standby for duty assignment as determined by the applicable law' and restricts flying time to 900 hours lower than currently provided for by some Member State legislation. In addition, the accord gives "appropriate" health and safety protection for all mobile personnel.

The conflict is adversely affecting all companies and has led to a slump in demand (down 25% for scheduled carriers, 10% to 20% for regional carriers in recent weeks and down 50% in the case of reservations for charter flights this summer) and a big increase in some costs (fuel, insurance, security).

For example, the RCMP officers in the air carrier protective program would be able to use this information to determine which passengers may pose a risk to public safety or to transportation security so they may decide on which flights RCMP officers should be present.