Dreptul aviatic și al transporturilor
Călătorii aeriene, drepturile pasagerilor, reglementarea dronelor și transportul feroviar.
Introducere
Dreptul transporturilor reglementează călătoriile aeriene și drepturile pasagerilor.
Principii fundamentale
Air Passenger Rights — Under retained EU Regulation 261/2004, passengers have rights to compensation (€250–€600) for flight cancellations and long delays (over 3 hours) unless caused by extraordinary circumstances.
ATOL Protection — Package holidays and flight-inclusive bookings from UK-based travel companies must be ATOL protected, ensuring refund or repatriation if the company fails.
Drone Regulation — The Air Navigation Order 2016 and CAA regulations govern drone use. Operators must register with the CAA, pass a theory test, and comply with rules on altitude, proximity to people, and restricted airspace.
Rail Passenger Rights — Rail passengers have rights under the National Rail Conditions of Travel and consumer protection law. Delay Repay schemes compensate passengers for delays of 15+ or 30+ minutes depending on the operator.
Aviation Safety — The Chicago Convention, EU Safety Regulation (retained), and CAA oversight establish safety standards for aircraft, pilots, and air navigation.
Carrier Liability — The Montreal Convention 1999 (given effect by the Carriage by Air Act 1961) governs airline liability for passenger injury/death, baggage loss/damage, and delay on international flights.
Road Haulage — Operators of heavy goods vehicles must hold an operator's licence from the Traffic Commissioner. Conditions include maintenance standards, driver hours compliance, and financial standing.
Public Transport Accessibility — The Equality Act 2010 requires transport providers to make reasonable adjustments for disabled passengers.
Statute cheie
Cazuri de referință
Huzar v Jet2.com
[2014] EWCA Civ 791
Scenarii comune
Flight cancelled with less than 14 days' notice
Under retained EU Regulation 261/2004, a passenger whose flight from a UK airport is cancelled with less than 14 days' notice is entitled to compensation of €250–€600 depending on distance, unless the cancellation was caused by extraordinary circumstances (e.g., extreme weather, security risks). The airline must also offer re-routing or a refund.
Drone flown near an airport
Flying a drone within the flight restriction zone of an airport without permission is a criminal offence under the Air Navigation Order 2016. The maximum penalty is an unlimited fine and/or 5 years' imprisonment. The CAA and police have powers to seize drones and prosecute operators.