AMT 442 final study guide

What was the original criminal prosecution resulting from aviation accidents?

1979 Swissair

In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?

1979 Swissair flight crashed in Greece due to overshooting the runway on landing. Greek prosecutors brought negligent manslaughter, negligent bodily injury, and disrupting the safety of air service charges against pilot and FO.

The FAA relies primarily on two orders regarding enforcement and compliance procedures - what are they?

2150.3B and 8900.1

Sovereign immunity refers to what?

A legal citrine in which the sovereign government cannot commit a legal wrong. Unless sovereign immunity is waived, the government is immune form civil suits. Applies to state and federal governments.

If you do not prevail in the underlying case who do you first appeal to? What if you fail to prevail on the first appeal?

ALJ, entire NTSB, federal district court or court of appeals

What is the difference between an intentional tort and negligence?

An intentional tort occurs if the person/entity intended to cause harm or was reasonably certain that harm would result. Negligent tort occurs when the person acts unreasonably and injury results, harm is not intended, nor is there reasonably certainty that harm could result, resultant harm could be said to be an accident

What 3 items must be filled to satisfy the EAJA?

Applicant must be deemed the prevailing party, EAJA applicant must be involved in an adversary adjudication, was the FAA's position in issuing the order substantially justified?

Res ipsa loquitur means what?

Applies to cases where there is little doubt that the defendant is at fault. Shifts the burden of proof to the defendant by stating that this type of accident doesnt happen unless there is negligence.

List the three types of preemptions

Conflict preemption (state law conflicts with federal), express (federal statute explicitly states that it preempts state law) implied/field (federal law is so pervasive as to occupy the field in that area of the law)

What does standard of care mean and why is it important in negligence law?

Defense to negligence. The degree of discretion and care required of an individual who is under a duty of care. Requires that of a reasonably prudent person. Compared to people your age with the same experience and intelligence. Whether a duty exists or not is the question of law that a judge will determine

Name three specific disqualifying conditions

Diabetes requiring hypoglycemic medication, myocardial infraction (heart attack), cardiac valve replacement

What is a contract of carriage?

Each airline maintains its own contract, constitutes the contract between the passenger and the airline

The FAA uses an EDP worksheet to determine what?

Enforcement Decision Process. Analytical system used by the FAA inspectors to assist in determining the appropriate recommended action for a suspected violation of the FARs. Developed with the avowed purpose of matching the safety risk posed by an alleged act with the type of conduct involved

FAA inspectors substantiate their findings and document their actions in something called an EIR. What is this?

Enforcement Investigative Report. Used to substantiate any contemplated enforcement action. Contains all the information about the alleged violation including a description of the incident, evidence, and the statutes/regulations that have been violated

Who does the FAA initially refer potential criminal activity cases to?

FAA decides when to refer a violation to the department of transportation office of inspector general for criminal investigation

List three changes in the enforcement process that are attributable to the PBR

FAA is required to initially advise an airman of the reason for a pending investigation without suffering a penalty, pilots are to be given all investigative reports, ATC recordings and any other relevant info 30 days prior to any proposed enforcement action and there will be an advisory panel created to address medical certificate issues

Administrative action

FAA provides either verbal or written counseling and is often taken by the FAA in incidents with a low safety risk where an individual was careless or a business unintentionally violated an FAR. Does not result in a finding of violation or the imposition of a sanction. Warning Notices or Letter of Correction

Which FAR lists the specific disqualifying conditions

FAR part 67

Under the FTCA, the government waives sovereign immunity and allows suits against the government. List two exceptions to the FCTA

Federal Tort Claims Act. The statute by which the US authorizes suits to be brought against itself. Makes US liable for the torts its employees to the extent that private employers are liable under state law

What does concurrent jurisdiction mean?

Federal and state authorities may have concurrent jurisdiction when crimes related to aviation are committed. The ability of different courts to exercise jurisdiction at the same time over the same subject matter.

Exceptions of FTCA

Feres doctrine which prohibits suits by military personnel for injuries sustained incident to service, discretionary function exception which makes the US immune from the acts or omissions of its employees that involve policy decisions, intentional tort exception which prevents lawsuits against the US for assault and battery among other intentional torts unless they are committed by federal law enforcement or investigative officials

List the different classes of medical certificates. What class must an air transport pilot maintain? Controller? Private pilot?

First class - airline transport pilot. Second class - commercial pilot & controllers. Third class - students, recreational and private pilots

The FAA has a two-step process to obtain a medical certificate. What are the steps?

First step beings with a physical by a doctor with training in aviation medicals. Required to complete a medical history and undergo a physical exam by a AME. Second step is review by the FAA, most meet the standards.

What is a special issuance medical certificate and how do you obtain one?

For an individual who may not meet the qualifications for unrestricted medical certification. Specified validity period. Must demonstrate that the duties authorized by the class of medical applied can be performed without endangering public safety for the validity of the authorization.

The DOHSA applies to commercial aircraft accidents more than how many miles offshore?

If an accident occurs more than 12 miles offshore and the flight is commercial, the death on the high seas act of 1920 will apply

You have been denied your medical certificate because of a specific disqualifying condition. What is the process if you wish to appeal the FAA's denial?

If the FAA denies an applicant based on a medical condition that is specifically disqualifying, the denial is final and may be appealed to the NTSB. Petition will be dismissed without a hearing if the existence of a medical history or clinical diagnosis of a specifically disqualifying condition is beyond dispute.

What are the three types of enforcement actions the FAA can take against an airman?

Informal, administrative and legal

What is just culture?

Initiative created as a compromise between aviation safety and national criminal and civil liability laws. Represents a trusting environment in which individuals are not blamed for host errors, but are encouraged to share safety-related information. Allows a better assessment of actual safety risks and in turn better accident prevention.

Notices of Proposed Certificate Action refer to what type of enforcement action?

Legal enforcement action

What does special aircraft jurisdiction of the US mean?

Makes all of the following conduct a federal offense if committed within the SAJ of the US. Covers crimes committed by US civil planes with an N number, military planes, any other plane within the US or any plane outside the US that originated or is destined to a location within the US

What was the purpose of the General Aviation Act of 1994 (GARA)?

Manufacturer's liability may be barred if the general aviation plane responsible for the accident was delivered more than 18 years ago. Only applies to planes that are non-commercial, FAA-certified, and can only seat fewer than 20 passengers. Intended to prevent manufacturers from being legally liable for the planes lifetime

What is the equal access to justice act (EAJA)?

May be possible to make the FAA reimburse an airman for the attorney's fees and expenses incurred in defending against actions brought by the FAA

Explain three differences between the Warsaw Convention and the Montreal Convention

Montreal was to modernize the Warsaw Convention. 1. multi-tiered liability system was created. 2. Punitive damages are no longer allowed for willful misconduct. 3. Now a fifth location in which a passenger can file a suit (permanent estate)

If you appeal the FAA's determination regarding a legal enforcement action, what type of huge will hear your case? Who is the judge employed by? Will there be a jury?

NTSB administrative law judge (ALJ), no jury employed by the NTSB

Which US agency has investigative priority?

NTSB has priority over any investigation by another department, agency or instrumentality of the US government. This jurisdiction is not exclusive, investigations by other governmental entities often run concurrently with an NTSB accident investigation. Crimes committed onboard an en-route flight generally fall under federal jurisdiction but may fall under another countries jurisdiction or even state depending on the choice of law factors

Are you required to obtain a medical certificate to train for a sports pilot certificate

No

If your health changes to the point where you cannot fly, do you have to notify the FAA immediately?

No

Under the ASRS/ASRP, is inadvertence synonymous with deliberate conduct?

No

What is the name of the system that FAA inspector's use in deterring the appropriate action for those suspected of violating the FARs?

Orders 8900.1 and 2150.3

In order to determine if you were involved in an accident, which federal regulation would you review?

Part 830

How to apply res ipsa loquitur

Plaintiff must prove that the accident is not the type that happens in the absence of negligence, the defendant had exclusive control of the instrumentality that caused the injury, the plaintiff did nothing to contribute to his or her injuries

What is the feres doctrine and why is it significant?

Prohibits suits by military personnel for injuries sustained incident to service. Military pilots would not be able to recover damages in a negligence suit against the US for the alleged negligent activities of the FAA, military or controller

What does negligence per se refer to?

Refers to violation of a regulation or law meant to protect the public (FAR). Defendant does not need to prove the standard of care owed as the regulation or statute establishes it

What are the two courses of action available to you after the FAA has denied your certificate and you have exhausted administrative appeal rights?

Special Issuance and Settlements of Demonstrated Ability (SODA)

What is a SODA? How is this different from a special issuance?

Statement of Demonstrated Ability. For those who have disqualifying conditions that are fixed and non-progressive. Does not expire and authorizes a designated examiner to issue a medical of a specific class if they find the condition described has not adversely changed.

What is the difference between the tort of negligence and strict liability?

Strict liability means liability without a finding of fault (negligence), have to prove causation. Tort of negligence incomes harm caused by a carelessness, not intentional harm

You have entered some incorrect information on FAA form 8500-8. What are the potential consequences?

Suspension or revoking all certificates and ratings held by that person, an order of revocation is issued requiring the pilot to immediately return all certificates to the FAA, criminal cases may result in incarceration for a period up to 5 years and civil fines of up to $250,000

In determining what type of law will apply in an airline accident case, why is it important if the plane is a common carrier?

The duty that carriers owe passengers on domestic common-carrier flights is the highest standard of care. A plane is deemed to be a common carrier if it provides air travel to all passengers without discrimination at a uniform price

Legal action

The most serious action that the FAA can pursue against a pilot, these result in certificate actions or assessment of civil penalties (fines). Burden of proof required (>50%), attempting to suspend or revoke a certificate

What is criminal immunity? Describe criminal use immunity

Under the grant of use immunity, the government cannot use a witness' testimony to persecute the witness. However, use immunity allows the government to prosecute a witness as long s it can prove the information sued to prosecute came from a legitimate source independent of the compelled testimony

What is the government contractor defense?

Using this, the manufacturer asserts that it manufactured the product pursuant to a government contract and that the design it used was required by contract specifications. The government approved reasonably precise product specifications, the product complied with those government specifications and the contractor warned the government about product dangers that were known only to the contractor and not the US

You have a few drinks, decide to drive, and are stopped by a police officer. They cite you for driving under the influence of alcohol. List the process you must follow in reporting this information to the FAA.

You are required to provide written notification to the FAA listing your name, address, DOB, airman #, type of violation, the date of the conviction, state tat holds the records/ Provides this to FAA civil security division within 60 days of the action. Must send a second notification if the alcohol related offense results in a conviction