Question

Based on your research of United States regulations and ICAO Standards and Recommended Practices, discuss how the FAA and TSA enforce regulations. Discuss how ICAO enforces SARPs, and does ICAO have enforcement power?

Answer 1

Based on your research of United States regulations and ICAO Standards and Recommended Practices, discuss how the FAA and TSA enforce regulations. Discuss how ICAO enforces SARPs, and does ICAO have enforcement power?

Regulations enforced by the Federal Aviation Administration

The enforcement division of the FAA initiates action against entities and persons for non compliance including certificate actions, civil penalty actions, informal procedures and settlements. During the beginning of most cases there is an opportunity for settlement which can be resolved mutually by both the parties. Such settlements occur after looking at the risks and the expenses of a full litigation. Sometimes multiple cases are resolved where the FAA issues a signed consent order which is followed either by a certificate order or by payment of civil penalty.

Certificate action is initiated in the form of certificate suspensions and revocations against persons or entities which hold FAA issued certificates, in order to carry out disciplinary measures. Similarly, civil penalties may be levied against individuals or small businesses after assessing violations pertaining to the hazardous Materials Transportation Safety Act or the Hazardous Materials Transportation Regulations. The monetary value of the penalty imposed may go up to $400,000.

Regulations enforced by the Transportation Security Administration

The TSA enforces regulations on passengers and travelers availing transportation facilities. It mandates passengers to adhere by the prohibited items list, which if violated may be followed by arrest or monetary fines. The violations are categorised in three parts - violations discovered at checkpoint, violations discovered in checked baggage and other security violations.

Enforcement of standards and recommended practices by the ICAO

Certain specifications are adopted by the ICAO in order to achieve a degree of uniformity in regulations, standards, procedures and organisations related aircraft, personnel, airways and other auxiliary services, which would improve air navigation.

A Standard can be defined as a specification for physical characteristics, configuration, material, performance etc. the application of which is necessary for the safety and uniformity of operations of international air navigation.

A Recommended Practice can be defined as a specification for physical characteristics, configuration, material, performance etc. the application of which is necessary for regularity and efficiency of international air navigation.

SARPs published by the ICAO do not have a legal binding force as they are not international treaties and are collaborations to maintain uniformity and are not to be complied with. For the above reason alone, the ICAO does not have the power to enforce these SARPs.