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Old 1st Mar 2022, 17:05
  #89 (permalink)  
grizzled
 
Join Date: Dec 2007
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Originally Posted by andrasz
It is very simple. The Chicago Convention applies to aircraft which are registered by a Civil Aviation Authority (as defined in the Convention) of a member state. All other aircraft are excluded. It does not matter what activity is said aircraft engaged in, it falls under the Convention. However there are articles pertaining to different activities (commercial, government,SAR, humanitarian relief, etc ).
Not quite correct Andrasz. As you can see from this extract from the Convention, WillowRun was on the right track re differences between "state" aircraft and other civil registered aircraft. Some "state" aircraft are civil registered (i.e. police aircraft) while others are not (i.e. military aircraft) but all have special conditions attached with respect to operating into the sovereign airspace of another country (or "State" using ICAO and UN terminology).

Civil and State aircraft (Art. 3 of the Convention)

a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft.

b) Aircraft used in military, customs and police services shall be deemed to be state aircraft.

c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof.

d) The contracting States undertake, when issuing regulations for their state aircraft , that they will have due regard for the safety of navigation of civil aircraft.

Cheers,
Grizz
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