Aviation law and legislation

Aviation legislation and law is quite a complex subject. There are incredibly detailed rules and regulations based on the very sensitive nature of the aviation industry. Ultimately, the field of Aviation Law revolves around issues regarding the ongoing process of adhering to and updating regulations as technology continues to develop in the constantly changing industry. Aviation professionals of all levels are impacted by such regulations, and thus need to be aware of them. Ultimately, these laws and regulations impact the way that CRM management is practiced within the industry because management needs to be aware to and adhere to such regulations.

In the United States, Aviation Legislation and Regulations are determined by the FAA and local states. The FAA has a central document of authority in the Federal Aviation Regulations (FARs). This legal system is a codified approach that spells out the very detailed and complex regulations involved in domestic and international aviation. The FAA is primarily responsible for rules governing aviation practices and activities that cross the boundaries of state lines, while individual states can make their own amendments regarding air travel within their own borders. The published coding system outlines the major tenets of aviation rules. There are extensive categories for in flight crew members, maintenance crews, and all pilot personnel (Federal Aviation Administration, 2009). On a more local perspective, there are even more regulations on a smaller level that differ from state to state. Ultimately, "it is the responsibility of each contracting state to publish its own rules and regulations for the operation of aircraft or to adopt the code of another state" so that the rules and regulations can have some synergy between the states. Planes and crew members are required to have all required licenses and accreditations from the exact state which the aircraft is registered, which creates a situation where individual state requirements need a sense of synergy (Barstch, 2013). However, when working in an international context, there are other rules and regulations that must be adopted depending on the country in which the flight activity is taking place.

The degree of variation and how to comply with such complicated rules and regulations makes the importance of management in aviation so crucial a factor in ensuring the safety for any and all crew and passengers. Here, the research suggests that "the various regulations and codes state the requirement but usually give no guidance as to how to achieve compliance," (Barstch, 2013). Thus, although there are very clearly defined regulations organizations within the aviation industry must follow, it is up to individual management to comply with them according to the unique characteristics and factors involved in each aviation company. Many states help augment such regulations by providing guidelines and examples for federal and local regulation compliance. Still, it is ultimately the decision of management on how to comply with particular rules and avoid penalties, fines, or even worse ramifications for not following such guidelines as set out by the FAA and other domestic and international authorities. Management must also be able to adapt to the slight variations within aviation law between states and countries so that any particular flight crew is always within the guidelines, despite traveling into different jurisdictions which may have their own unique elements to the regulations governing aviation flight and activities on a domestic and international level. Ultimately, it is management's job to interpret codification systems and make sure that all flight crews follow them appropriately.

Changes in aviation regulations and legislation can mean major impacts not only in management, but also for all levels of the flight and maintenance crews. Since Crew Resource Management is involved in ensuring the most productive and safe working conditions for all levels of aviation crews, it is thus also heavily concerned with analyzing and evaluating how such changes will continue to impact all levels of crew on the hierarchy of aviation personnel. Thus, CRM is heavily connected to following trends and changes within the formulation and practice of aviation law.