BACKGROUND

In 2001 International Civil Aviation Organization (ICAO) instituted a standard requiring Safety Management Systems (SMS) for international airports.  In 2010 the FAA stated its support for the ICAO SMS standard and began an SMS pilot program for selected U.S. airports.  Some airports have developed SMS programs and are in the process of implementing or operating those programs.  TRB has published several reports that provide airport professionals with valuable background information on SMS. 

ACRP Report 1: Safety Management Systems for Airports Volume 1 Overview, for example, provides an overview of SMS and explains how the SMS approach to safety management is intended to benefit both the safety and business aspects of airports.  ACRP Report 1: Volume 2 Guidebook describes in more detail the elements of an airport SMS, and offers guidance in planning, implementing, and operating an SMS.  ACRP Legal Research Digest 19: Legal Issues Related to Developing Safety Management Systems and Safety Risk Management at U.S. Airports identifies legal issues related to developing an SMS at airports. 

In late 2012 TRB published ACRP Synthesis 37 Lessons Learned from Airport Safety Management Systems Pilot Studies.  Synthesis 37 provided a more detailed analysis with SMS as it is developing at U.S. airports.  All of these developments suggest the necessity for a review of the American experience with SMS that focuses on the legal issues (such as tort liability, litigation, and open records) that airports have experienced in implementing or operating SMS programs.

OBJECTIVE

The objective of this digest was to identify legal issues that have resulted from the implementation or operation of SMS programs.  This digest should expand upon the issues identified in the previous publications.

Status:  The report has been published as ACRP LRD 36:  Legal Issues Related to Implementation and Operation of SMS for Airports.