A detailed explanation of the nine traffic rights in air transport

A detailed explanation of the nine traffic rights in air transport

2024-07-23 04:00


A detailed explanation of the nine traffic rights in air transport


Air rights are a kind of national air transport rights formulated by the world aviation industry through the International Civil Aviation Organization, because as long as air transport exceeds its own national borders, it involves the sovereignty of other countries, international air transport needs a unified regulation within the global industry, and air rights are part of this regulation.


1.The first right of navigation: the right of airspace overflight


The first problem of flying out of the national border is to fly into or over the airspace of other countries, and if it is allowed or not, the first kind of right is formed.



Without landing, domestic aircraft can fly over the airspace of the agreement country and travel to other destinations.


For example: Beijing to San Francisco, halfway over the Japanese airspace, it must sign the airspace overflight right with Japan, to obtain the first traffic rights, otherwise can only detour, increase fuel consumption and flight time.


2.Second traffic right: technical stop right



Domestic aircraft may land or stop in the countries of the Agreement due to technical needs (such as refueling, aircraft failure or diversion for meteorological reasons), but shall not carry out any operational work such as loading and unloading passengers, cargo and mail.


For example: Beijing - New York, if due to a certain aircraft type, can not fly directly to the middle of the need to land in Japan and refueling, but not allowed in the airport passengers and cargo. It is time to sign a technical suspension agreement with Japan.


Airlines fly long-distance routes, because the distance is too far to fly directly from the origin to the destination, need to choose a place midway refueling or cleaning the cabin and other technical work, then the take-off and landing in this place is called the technical stop. The technology is only allowed to be used for non-commercial technical processing, that is, it is not allowed to load and unload passengers and goods locally. For example, Chinese flights to the United States used to make technical stops in Anchorage.


3.Third traffic right: destination underground passenger right



Domestic aircraft may unload passengers, mail or cargo within the territory of the agreement State.


For example: Beijing - Tokyo, if the third air traffic rights are obtained, passengers and goods carried by Chinese civil aviation aircraft can enter the port in Tokyo, but can only return empty.


4.The fourth right of navigation: the right of the destination passenger



Domestic aircraft may carry passengers, mail or cargo back within the territory of the agreement country.


For example: Beijing - Tokyo, if the fourth air traffic rights are obtained, the Chinese civil aviation aircraft can carry passengers, mail or cargo on the original plane back to Beijing.


The third and fourth kinds of air rights, these are twin brothers. Airlines to fly international routes, is to carry out international passenger and cargo transport, the domestic passenger and freight to other countries, the passenger and freight of other countries to their own countries, this most basic commercial activity right is the third and fourth air rights.


5.Fifth traffic right: intermediate point right or extension right


Passengers and cargo can be loaded and unloaded at a point in a third country as a transit station, and the fifth traffic right is to negotiate with two or more countries.


For example: Singapore - Xiamen - Chicago, Singapore Airlines obtained the fifth traffic rights, can stop in Xiamen on the Singapore-Chicago route, loading and unloading passengers and cargo.


Fifth right (right of carriage in a third country) : the carrier travels to a country where permission is granted and discharges passengers and goods carried from a third country to that country, or from that country carries passengers and goods to a third country.


1. The carrier's home country (place of origin in the first country) ----- and stops in a third country ------ country of destination (second country)


Carriers transporting passengers and goods from their own country to another country pass through a third country (that is, a country other than the country of origin and the country of destination) and are allowed to unload passengers and goods pulled through a third country to the country of destination. This right is one of the fifth rights of navigation.


2. Home of the carrier (place of first country of origin) ------ country of destination (second country) ----- and a third country further away


The second type of the fifth traffic right is the carriage to a distant country, the carrier will be the passenger and freight originating from its own country to the destination country, and at the same time is allowed to board the passenger and freight from the destination country, and is allowed to transport to another country.


It can be seen that only when the carrier has the two fifth rights at the same time, it can fully use these rights, otherwise, even if it has obtained one of them, it is difficult to operate.


The fifth right of navigation is in the context of bilateral agreements between two countries, in which the other party is allowed to exercise rights relating to third-country transport. But in the absence of the consent of a third State, this right amounts to nothing. Therefore, when airlines use this right, they must also consider whether China and this "third country" have corresponding rights.


The fifth traffic right is complex because it involves multiple bilateral agreements and means different kinds of traffic rights in different agreements. The opening of the fifth air rights means that foreign airlines should not only share the market between the flying countries, but also share the market resources from China to the third country.


6.Sixth navigation right: bridge right


The right of an airline of a country or region to carry passengers and goods between two countries or regions outside its territory and through its country or region of registration (this is a combination of the third and fourth freedoms).


For example, from London to Beijing to Seoul, Air China will transport passengers from the United Kingdom to South Korea after Beijing.


7.Seventh right of carriage: full third country right of carriage


An airline of a certain country or region has the right to operate independent routes completely outside its own country or region and carry passengers and cargo between two countries or regions outside its territory.


Example: London - Paris, operated by Lufthansa.


8.The eighth right of navigation: the right of domestic transport


The right of an airline of a certain country or region to carry passengers and cargo between two places in the territory of another country or region (domestic operation).

Example: Beijing - Chengdu, operated by Japan Airlines.


9.Ninth right of navigation: the right of domestic transport


Domestic aircraft may operate domestic routes to the agreement countries.

The so-called ninth air right refers to the above eighth air right is divided into two kinds of continuous and non-continuous, if it is "non-continuous domestic carriage right" is the ninth air right. It is worth noting the difference between the eighth and ninth air rights, although both are about the carriage of passengers and goods in another country, but: the eighth air rights, called "cabotage", can only be extended from one country's route in another country. But ninth rights, called "full cabotage, "can be routes that operate entirely in another country.


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