Aviation Law: Exam 1

From a risk management standpoint, which form or forms of business organizations serve to protect the owners from personal vicarious liability for torts committed by employees acting with the scope of their employment?

Corporation Limited Liability Company Limited Liability Partnership

What federal agency has regulatory authority over suborbital spacecraft?

The Federal Aviation Administration (FAA)

Who represents aviation interests in the President's cabinet?

The Secretary of Transportation

What authority, if any, does the National Labor Relations Board (NLRB) have over labor relations in: a. The airline industry? b. Aerospace manufacturing? c. General aviation?

(a) None (b) Supervises union organization and elections, and rules on unfair labor practices claims in the aerospace manufacturing industry (c) Same as (b) above except for on-demand charters and emergency medical air transportation

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

1. A duty to be reasonably careful 2. A failure to be reasonably careful 3. Proximate cause 4. Injury to another person or property

Regardless of its form, what duties does every business owe to its employees?

A duty to provide workers compensation insurance and unemployment compensation insurance, to pay agreed wages and withhold payroll taxes, and to provide a safe place to work.

What decisions does the board of directors typically make?

Makes decisions affecting corporate policy and major business decisions

What is a tort?

An act or omission that causes injury to another person by breach of legal duty not arising out of a contract and subjects the actor to liability for damages in a civil lawsuit

Who will hear the "trial" of your appeal and make the initial decision?

An administrative law judge

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

An employer is vicariously liable for torts committed by its employees within the scope of their employment

How can you tell if it is legal for you to fly while you are taking medication?

Consult your AME. Does the drug affect vision, alertness, judgement, or sense of balance?

What decisions do shareholders have the right to make?

Elect a board of directors to govern the corporation

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

Except for the state of Alaska, governments may not regulate federally certificated airlines. This does not extend into registration and taxation of aircraft.

What decisions do corporate officers typically make?

Execute policy and make day-to-day business decisions

What is negligence?

Failing to do an act that a reasonably careful person would do to protect others from harm or doing an act that a reasonably careful person would not do under the same or similar circumstances

Describe the complete analytical process by which you will determine whether or not it is legal for you to continue to act as a pilot or other required flight crewmember.

Is the condition you are experiencing one of the disqualifying conditions listed? Use good judgement

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

Hijacking and terrorism. The frequent presence of a political motive for such acts greatly complicates efforts to achieve global consensus on an appropriate approach to solutions. The nation whose airliner is attacked and others unsympathetic to the attackers' cause may view the attackers as terrorists or criminals while others who are sympathetic to their cause may view them as heroic freedom fighters or even religious martyrs (9-11)

What difference does it make to a business whether the IRS considers a worker an employee of the business or an independent contractor?

If an employee, the company must adhere to the duties it owes aid employees. If these duties are neglected, then the company will be held liable if the employee fails to pay taxes. If an independent contractor, the company has no liability as to whether or not that person pays their taxes.

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?

NASA would be responsible for conducting research and experimentation of these methods. If a new technology is developed, ICAO establishes airworthiness standards for incorporation of that technology into U.S. civil aircraft.

Can your chosen form of business protect you from personal liability for the consequences of your own negligence or intentional torts?

No

If the FAA doesn't know about your violation, will it find out because you file an Aviation Safety Report with NASA?

No

Falsification of Documents

Punishable by up to five years in a federal prison and/or a $250,000 fine

What are the primary forms of business organizations?

Sole Proprietorship General Partnership Limited Partnership Limited Liability Company (LLC) Limited Liability Partnership (LLP) Corporation

What are the owners of a corporation called?

Shareholders

What federal agency was responsible for administering the airline bailout program Congress enacted shortly after the attacks of 9/11/2001?

The Air Transportation Stabilization Board (ATSB)

What is the common theme running through all American law - administrative, civil, and criminal?

You are responsible for the outcome of your actions

Until Congress passed and the President signed the Airline Deregulation Act of 1978, which agency of the U.S. government regulated airline economics (routes served and rates charged)?

The Civil Aeronautics Board (CAB)

What federal agency is responsible for screening foreign applicants to U.S. flight schools for security risks?

The Department of Homeland Security (DHS)

You want to determine who owns a particular aircraft. Which agency of the U.S. government would have that information, and where would it be found.

The FAA Aircraft Registry in the FAA Aeronautical Center in Oklahoma City maintains files on every aircraft that has ever been issued an "N-number" signifying U.S. registry.

Can the decision on that appeal by appealed any further? If so, by whom and to whom?

The decision made at the U.S. Court of Appeals is the end of the road for your appeal rights. To make it to the Supreme Court, you have to submit a Petition for Writ of Certiorari, and then the Supreme Court must choose whether or not to hear your case. The Supreme Court has never chosen an FAA enforcement case for review.

What test does the Internal Revenue Service apply to determine whether a person is an independent contractor or an employee of a business?

The right to control and direct test

What are the disadvantages of filing an Aviation Safety Report with NASA?

There are none

What are "open skies" agreements?

This gives airlines of both countries the right to operate between any point in one country to any point in another, including to and from third countries.

What is the purpose of an informal conference?

This is a settlement conference. It gives you the chance to sit down with the FAA attorney and inspector, let them get a feel for your attitude and professionalism and be sure they understand what really happened and why you did what you did. What you say cannot be used against you unless your story differs from the story you give under oath in court.

To whom do you owe a duty to be reasonably careful?

Those who could be foreseeably harmed

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)

What kinds of activities expose persons and businesses to the risk of being held strictly liable for injuries to others?

Ultra hazardous activities (oil refineries, nuclear reactors) Defective products (Strict Product Liability)

If your condition would disqualify you from acting as a pilot or required flight crewmember but you go ahead and do so anyway, what are the possible legal consequences to you?

You are subject to FAA enforcement action, most likely resulting in emergency revocation and your insurance company can deny you coverage on any accidents related to the operation of aircraft

Does the IRS have the authority to determine that a person is (or was) an employee of the business rather than an independent contractor even if the business had an agreement signed by that worker stating that she is an independent contractor?

Yes

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 also administers the confidential Aviation Safety Reporting Program (ASRP), designed to identify problems in the National Air Transportation System, especially those related to air traffic control.

Can the full NTSB's decision be appealed further? If so, by whom and to whom?

Yes, either party can appeal the decision made by the full NTSB board to the U.S. Court of Appeals

Can the judge's initial decision be appealed further? If so, by whom and to whom?

Yes, it can be appealed by either party to the full board (5 political appointees in Washington, D.C.).

What are the possible legal consequences to you, if any, if you fail to promptly comply with the FAA's request?

Your certificate can be suspended or revoked until the medical information is furnished

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 remain invalid during the entire appeals process.

NASA research efforts is related to what?

Aerodynamics and aviation technology

An emerging nation wishes to enter into an agreement with the United States to facilitate regular airline service between the two nations. Which of the so-called "five freedoms of the air" would this involve? What agency of the U.S. government would it deal with to negotiate a treaty to provide such service? Once the treaty has been negotiated, is any further action by the U.S. government required to bring it into effect?

If a nation wishes to enter into an agreement with the U.S. to facilitate an airline service between two nations, this would involve the third and fourth freedom. Passage from A to B and then passage from B to A. The DOT consults with the State Department in the approval process. permit issuance requires presidential approval.

What is the alter ego doctrine?

If you continue to operate the business as though it were a sole proprietorship or partnership, a plaintiff's attorney may be able to pierce the corporate veil to reach your personal assets to satisfy liability or debt of the business.

Will you get a new hearing at that next level of appeal?

No

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

No, Constitutional prohibitions against double jeopardy have generally been construed to allow the FAA to either impose a fine or take certificate action, but not to do both for the same violation. However, most incidents give rise to more that one regulatory violation (careless or reckless operation)

You are involved in an aircraft accident that causes injuries to other people or damage to their property. The NTSB finds that the probable cause of the accident was pilot error on your part. Will the NTSB's finding of probable cause be admissible as evidence in a civil trial against you for negligence to prove the proximate (legal) cause of the accident? Will other evidence from the NTSB's investigation and report be admissible in evidence in that civil trial? Explain.

No, because probable cause is the NTSB's opinion of what happened. It is not used as evidence. Only the facts regarding the accident can be used as evidence.

If, after hearing the evidence, the judge feels that the GAA is being too soft on you, does the judge have the authority to impose a longer period of suspension than the FAA has ordered or to order revocation of your certificate instead of suspension?

No, the ALJ cannot impose a harsher penalty than the one ordered by the FAA.

Do you have the right to a jury trial at any point in an appeal from an FAA certificate action?

No, the NTSB administrative law judge alone will decide your fate

Will you get a new trial on that appeal?

No, there is no opportunity for either side to present evidence that was not considered by the administrative law judge.

If your condition would disqualify you from acting as a pilot or required flight crewmember, are you required to surrender your aviation medical certificate to the FAA?

No, you just have to stop flying

Should you wait until you find out whether the FAA is going to take some enforcement action against you before filing a NASA Aviation Safety Report? Why?

No, you only have 10 days after the occurrence to file the report. If the FAA waits to notify you of their findings after that 10 day period then the report is no longer useful

You are a certificated pilot, but do not hold an instrument rating. On a pretty summer day, you intentionally fly through a puffy little white cumulus cloud, just to see what it's like. If you file an Aviation Safety Report with NASA upon landing, will that protect you from any possible punishment for your violation of the cloud clearance requirements published in the basic VFR weather minimums of FAR 91.155? Why?

No, your act was intentional and deliberate. Filing an Aviation Safety Report will not help you or save you from punishment.

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

None. The CAB ceased to exist on January 1, 1985.

Are you required to report a change in your health to the FAA?

Not until you next apply for a medical certificate and then only if one or more of the applications on the form covers it.

When do you have to stop exercising the privileges of your certificate and serve the period of suspension imposed?

Once you don't appeal or lose your appeal, you must physically surrender your certificate and immediately cease flying.

If the informal conference does not lead to the resolution of the case, what will be the FAA's next move?

Order of Suspension of Revocation. You can appeal with the NTSB within 20 days of the order being signed.

Why did the nations represented at the 1944 Chicago Conference not agree to the "five freedoms of the air" then proposed by the United States? If a similar proposal were made today, do you think the international community would take the same position? Why?

Other nations realized that the U.S. would emerge as the market dominator in the airline industry if they allowed the five freedoms of the air. Unlike competitors in Europe, the U.S. had over 11,000 aircraft capable of air transport at war's end and had manufacturing plants and facilities that were unaffected by bombings during the war which never appeared on the U.S. mainland. Today, I think the conferees would have taken a different position since there is more widespread stability between nations and a more equal setting for competition in terms of fleet and manufacturing capabilities.

Who has the burden of proof at the hearing? Must your guilt be proved beyond a reasonable doubt?

The FAA has the burden to prove your violations charged. They do not have to prove its case beyond a reasonable doubt, only by preponderance of the evidence.

You are the human resources director for a regional 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?

The FAA's Mike Monroney Aeronautical Center in Oklahoma City is a major record-keeping and training facility. The Airman Records Branch keeps a dossier on every person ever issued an FAA certificate.

Which agency or agencies of the U.S. government operate radio aids to navigation?

The FAA, Lockheed Martin, the Coast Guard, the Department of Defense, and some local governments.

Which agency of the U.S. government has the primary responsibility for regulating aviation safety?

The Federal Aviation Administration (FAA)

Which agency of the U.S. government is responsible for the production of aeronautical charts?

The Federal Aviation Administration (FAA)

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? In what series of publications would you look to find these specifications?

The International Civil Aviation Organization (ICAO) establishes technical standards. These technical standards, known as Standards and Recommended Practices (SARPs), are published in a series of documents known as Annexes to the treaty Convention on International Civil Aviation.

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?

The International Civil Aviation Organization (ICAO), which is headquartered in Montreal.

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?

The National Aeronautics and Space Administration (NASA) is providing research support in connection with the development of the NextGen ATC system.

Which agency of the U.S. government regulates labor relations in the airline industry?

The National Mediation Board (NMB)

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?

The National Transportation Safety Board (NTSB) is primarily responsible for investigating transportation accidents, determine probable cause of the accident, and recommend to the FAA measures that might prevent similar accidents in the future. The FAA also investigates virtually all aircraft accidents in the U.S.

Which agency of the U.S. government is responsible for the day-to-day screening of airline passengers, baggage and cargo?

The Transportation Security Administration (TSA)

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

The Transportation Security Oversight Board (TSOB)

The NTSB doctrine of "due deference" allows the FAA to do what?

This means that the NTSB board and its administrative law judges are bound by the FAA's own interpretation of the applicable FAR, even if the interpretation is announced for the first time during the course of the case under considerations.

What did Congress intend to accomplish by enacting the "Hoover Bill"? Do you think it worked?

This was intended by congress to provide some protection against FAA abuse of the emergency authority. If the certificate holder believes the use of emergency authority is not justified, they have 48 hours to request that the NTSB review the administrator's determination that an emergency exists

Why are these questions on the Application for Aviation Medical Certificate?

To make sure you don't have any of the specific disqualifying conditions or another health condition that could make it unsafe for you to act as a pilot

Are there any privately owned and operated radio aids to navigation in the U.S?

Yes. Private industries own and operate approach aids and ILS and MLS equipment at remote airports served by some airlines.

If you have such a record, but fail to report it on your application, is the FAA likely to find out about it? If so, how?

Yes, the FAA references answers provided on medical forms with the Social Security Administration database through a program called Operation Safe Pilot.

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

Yes, the NTSB also serves as the first level of appeal in cases where the FAA has taken enforcement action to suspend or revoke a certificate or to impose a fine.

Does the judge have the authority to change the suspension to a fine?

Yes, the judge can reduce the term of the suspension, reduce revocation to suspension, change the penalty to a fine, or drop the case altogether.

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

Yes, where the FAR violation caused concern about your qualifications, the FAA can both require you to submit to reexamination and punish you for the violation by certificate action or fine.

Are there any events that might occur in your life that you are required to report to the FAA prior to your next aviation medical exam? If so, describe

Yes, you are required to report any drug or alcohol convictions or the denial, cancellation, revocation, or suspension of your driver's license related to such an offense.

If the FAA issues an Order of Suspension with Waiver of Sanction, waiving the sanction because you timely filed an Aviation Safety Report with NASA, can you still appeal the order through the process described above in an effort to keep the regulatory violation(s) charged off your record? If so, what is the worst that could happen to you as a result of the appeal?

Yes, you can still appeal the order if you believe you did not commit a violation. The worst that could happen as a result of the appeal is that the violation goes on your record for two years.

You have failed the color-vision test during your examination for an aviation medical certificate. Is there another procedure by which you may still be able to obtain an aviation medical certificate? If so, explain?

Yes, you may get your medical certificate by arranging a test to determine whether you are able to see the red, green, and white of the control tower light gun. (SODA - Statement of Demonstrated Ability)

The treaty (discussed above) 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 U.S.? If so, how?

Yes. The DOT issues foreign air carrier permits to foreign airlines designated by their nations to provide service to the United States pursuant to treaty. Presidential approval is required for the airline to operate within the U.S. regardless of the contract agreed upon by the DOT, State Department, and foreign entity

Are you required to report the conviction to the FAA? If so, to whom and when?

Yes. You must report the arrest to the FAA Civil Aviation Security Division within sixty days after the conviction. You are required to make this report even if you aren't flying or if you don't even have a medical certificate. As long as you hold a pilot certificate, you must report this. Only CONVICTIONS of drug or alcohol related traffic offenses or the denial, cancellation, suspension, or revocation of your driver's license must be reported.

You receive a letter from the FAA requesting that you submit to a rather extensive and expensive battery of psychological and psychiatric tests to determine whether you are an alcoholic. Are you required to comply? If you comply, who is responsible to pay for these tests?

You are required to comply and pay at your own expense