กฎหมายการบินและการขนส่ง
การเดินทางทางอากาศ สิทธิผู้โดยสาร การกำกับดูแลโดรน และการขนส่งทางราง
บทนำ
Aviation and transport law covers the regulation of air, rail, and road transport. In aviation, the Civil Aviation Act 1982 and retained EU Regulation 261/2004 (on air passenger rights) are central. The Civil Aviation Authority (CAA) is the aviation regulator. Rail transport is governed by the Railways Act 1993 and regulated by the Office of Rail and Road. Road transport is covered by extensive legislation including the Road Traffic Act 1988 and the Goods Vehicles (Licensing of Operators) Act 1995.
หลักการพื้นฐาน
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.
กฎหมายสำคัญ
คดีชี้นำ
Huzar v Jet2.com
[2014] EWCA Civ 791
สถานการณ์ทั่วไป
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.