Aviation Law Exam

What has proved to be the most intractable problem facing international civil aviation on which to gain global agreement? Why?

Hijacking & Terrorism b/c many nations support these activities/have different views

why did the nations represented at the 1944 chicago conference not agree to the "five freedoms of the air" then proposed by the U.S.? if a similar conference were held today, do you think the international community would take the same position? why?

-didn't want u.s. to be the market dominator in the airline industry -different position b/c there is a more open space for competition (fleet&manufacturing) & there's more stability in the nations

Distinguish U.S. Customs and Border Protection (CBP) responsibilities from those of Immigration and Customs Enforcement (ICE)

CBP- prevent terrorists, terroist weapons, unauthorized persons, illegal drugs&other contraband from entering ICE- identify, apprehension, arrest&remove aliens

which agency or agencies of the u.s. govt operate radio aids to air navigation?

FAA

describe and distinguish FAA and NASA responsibilities in regulation commercial spaceflight operations.

FAA --> regulation & licensing for commercial space launch & re-entry operations NASA --> sets safety standards for spacecraft for NASA astronauts and lands in any NASA places

you want to determine who owns a particular aircraft. which agency of the u.s. govt would have that information, and where would it be found?

FAA aircraft registry @faa areonautical center

An agency of the U.S. government is presently experimenting with and assisting in the development of technical standards for the components of the next generation air traffic control system (NextGen). What agency is responsible for that work, and where is it being carried out?

FAA in New Jersey

You are the human resources director for a regional U.S. airline. One of your duties includes screening new pilots and maintenance personnel applying for jobs with the airline. As part of the process, your staff should check the FAA's records on each applicant's certificates, ratings, accident history, and FAR violation history. Where would they find this information?

FAA's Mike Monroney Aeronautical Center. Specifically, the Airman Records Branch.

Which agency of the U.S. government and which office of that agency is responsible for the production of aeronautical charts?

FAA's aeronautical information service office

Which agency of the U.S. govt. has the primary responsibility for regulation aviation safety?

Federal Aviation Administration (FAA)

NASA report:

File within 10 days stops the suspension/revocation of licence incident that occured can still be put on record

If the FAA and its counterpart agencies in other nations were interested in collaborating to make civil aircraft certification standards globally uniform, what organization would logically coordinate that effort? Where is that organization headquartered?

International Civil Aviation Organization (ICAO), Montreal

Your aircraft has been involved in an accident. What agency or agencies will investigate the accident? What agency will determine the probable cause of the accident?

National Transportation Safety Board (NTSB) and FAA

What are the powers of the Civil Aeronautics Board (CAB) today?

None. stopped existing January 1, 1985

You are an engineer for an avionics company that is designing a new navigational system for civil aviation use. What organization establishes the technical specifications for radio aids to navigation?

Organization --> International Civil Aviation Organization (ICAO) Standards Recommended Practices (SARPs)

To what extent, if any, may state govt. regulate the routes served and rates charged by airlines?

States can't (besides alaska when its in their state). It is between airlines and fed. govt.

which agency of the u.s. govt is responsible for the day-to-day screening of airline passengers, baggage, and cargo?

Transportation security administration (TSA)

Does the National Aeronautics and Space Administration (NASA) have any aviation responsibilities other than technological and aerodynamic research and development? If so, describe.

Yes. NASA administers confidential Aviation Safety Reporting Program (ASRP) --> a NASA Report

The "five freedoms" treaty providing for reciprocal air service is now in effect. The other nation wishes to designate its new national airline to provide a portion of the service under that agreement. Does the U.S. government have any say whether that airline will be permitted to provide that service to the United States? If so, how?

Yes. The Dept. of Transportation decides. Also needs presidential approval for the airline to operate within U.S.

what is tort?

actor omission that causes injury to another person by breach of a legal duty not arising out of a contract, which causes action to be liability in a civil lawsuit.

An agency of the U.S. government is conducting research and experimentation of methods for detecting airframe ice and conveying the information to the flight crew in a useful format. What agency would be responsible for such experimentation? If that research and experimentation leads to a new technology, what agency of the U.S. government would establish the airworthiness standards for incorporation that technology into U.S. civil aircraft?

agency for experiment --> NASA Establish Airworthiness --> FAA

That agency (TSA) is now included in what federal department?

department of homeland security

what federal agency and what office of that agency is responsible for screening foreign applicants to u.s. flight schools for security risks?

department of homeland security

what is negligence?

duty breached that causes damages

what are the four elements a plaintiff must prove in order to win a lawsuit for negligence?

duty of care, breach, causation, and damages

the ntsb doctrine of "due deference" allowed the faa to do what? what effect did the Pilot's bill of rights have on this?

faa could have any interpretation of the FAR pilots bill of rights eliminated this idea (ntsb doesn't have to accept what faa says)

what are "open skies" agreement

giving airlines in both countries right to operate between any point in one country to any point in another.

Can the FAA both suspend your certificate and fine you as punishment for the same FAR violation? Why?

no, can only do one or the other

NASA research relating to general aviation focuses on what areas?

noise&emission imporvements, new flight deck displays to improve safety, aerodynamic improvements for capacity, speed&fuel efficiency

What authority, if any, does the National Labor Relations Board (NLRB) have over labor relations in: a) the airline industry?

none

What authority, if any, does the National Labor Relations Board (NLRB) have over labor relations in: c) general aviation?

on-demand charters & emergency medical air transportation plus same as b)

is the regulation of workplace safety and health conditions in the u.s. preempted (regulated exclusively by) the federal govt, or do the states have a role?

states have say (as long as doesn't override what fed has already set)

What authority, if any, does the National Labor Relations Board (NLRB) have over labor relations in: b) Aerospace manufacturing?

supervise union org. & elections, & rules on unfair labor practice claims.

under what circumstances is a business legally liable for the consequences of the negligence of its employees

torts committed by its employees when operating in scope of employment

what federal agency is responsible for assuring the coordination and sharing of intelligence relating to threats against transportation?

transportation security oversight board (TSOB)

Airlines providing international air service to the U.S. are required to transmit crew and passenger manifests electronically to what federal agency prior to departure?

u.s. customs and border protection (CBP)

are there any privately owned and operated radio aids to navigation in the united states?

yes

Can the FAA both require you to submit to reexamination and suspend your certificate for the same FAR violation? Why?

yes, reexamination is considered a punishment

Does the National Transportation Safety Board (NTSB) have any aviation responsibilities not relating directly to aircraft accidents? If so, describe.

yes. NTSB 1st level of appeal in cases where FAA took enforcement actions to suspend/revoke a certificate or impose a fine

If the FAA issues an Emergency Order of Suspension or Revocation against your certificate, how will the procedure differ from that described in your answer to Question 7?

your certificate will be physically surrendered and will remain invalid during the appeal process