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.