Allocation of scarce capacity on capacity constrained routes

CAA functions in allocating scarce capacityI19

1

The CAA must allocate scarce capacity in accordance with this regulation.

2

Section 4 of the Act (general objectives of the CAA) does not apply to the allocation of scarce capacity.

3

The CAA must allocate scarce capacity in a manner which it considers is best calculated—

a

to secure that qualifying carriers provide air transport services which satisfy all substantial categories of public demand at the lowest charges consistent with a high standard of safety in operating the services, whilst giving an economic return to efficient qualifying carriers on the sums invested in providing the services;

b

to further the reasonable interests of users of air transport services;

c

to secure the effective provision of civil air transport to and from the United Kingdom;

d

to ensure that qualifying carriers compete as effectively as possible with other airlines in providing air transport services on international routes; and

e

to ensure the most effective use of airports within the United Kingdom.

4

When allocating scarce capacity the CAA must have regard—

a

to the effect on existing air transport services provided by qualifying carriers; and

b

in any case—

i

where the existing services are similar (in terms of route) to the proposed new service; or

ii

where two or more applicants have applied for a scarce capacity allocation certificate, indicating that they propose to provide a new but similar service,

to any benefits which may arise from enabling two or more airlines to provide the service in question.

5

In exercising its functions under paragraphs (3) and (4), the CAA must have regard to the need to minimise so far as reasonably practicable—

a

any adverse effects on the environment; and

b

any disturbance to the public;

from noise, vibration, atmospheric pollution or any other cause attributable to the use of the aircraft for the purposes of civil aviation.

6

In performing the function of allocating scarce capacity, the CAA must have regard to any advice received from the Secretary of State.