Aviation Law Final

What method does the Internal Revenue Service (IRS) apply to determine whether a person is an independent contractor or an employee of an aviation business?

"right to control and direct" test

The FAA issues an Order of Suspension against your certificate. Assume you have the right to appeal that order. Arrange the appeals levels in the correct order ?

3. An NTSB administrative law judge (ALJ) 1. The full NTSB 2. The U.S. Court of Appeals 4. The U.S. Supreme Court

As the domestic passengers are walking across the ramp from the airliner to the terminal building, one of them slips on an icy patch and suffers an injury. Is the airline liable for this passengers injury?

???

As the international passengers are walking across the ramp from the airliner to the terminal building, one of them slips on an icy patch and suffers an injury. is the airline liable for this passengers injury?

??? 10

which of the followings is a true statement pertaining to the liability of employeres in the government and private sector for the consequences of an international tort committed by its employees...

??? 13

which of the following statement define aircraft leaseback?

??? 25

Which of the following is a true statement pertaining to the liability of employers and private sector for the consequences of a negligence tort committed by its employees within the scope of their employment.

??? 37

You are a pilot operating an aircraft. What accidents and incidents are you required to report to the FAA?

??? 41

Can an airline use its tariffs to limit its potential liability to cargo shippers?

??? 9

The crew of a business jet in a charter flight inadvertently lands on a taxiway parallel to the runway assigned by ATC. The landing is successful and there is no conflict with other traffic. Are the crewmembers required...

??? no. 6

To whom does PIC (Pilot-in-command) owe a duty to be reasonably careful?

ALL; Flight crewmembers, passengers, people on the ground, the owner of the aircraft, copilot

The FAA issues an Order of Suspension against your certificate. Assume you have the right to appeal that order. After hearing the evidence, What authority the judge have to impose on your case ?

Affirm the FAA's order; Modify the penalty downward; Dismiss the FAA's case; Change the punishment from a suspension to a fine

How does a plaintiff prove in order to win a lawsuit for negligence

All of the answers listed here.

How does a plaintiff prove in order to win a lawsuit for negligence?

All of the answers mentioned here

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?

All of the answers mentioned here; All of the answers mentioned here; Any denial, cancellation, suspension, or revocation of your driver's license related to drug- or alcohol related offense

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

All of the answers mentioned here; Selling defective aircraft components; Conducting an aerial application of restricted-use pesticides; Aircraft operators from countries ratified the Rome Convention cause damages to third parties on the ground

The FAA issues an Order of Suspension against your certificate. Assume you have the right to apeal that order. Who will hear the "trial" of your appeal and make the initial decision?

An NTSB administrative law judge (ALJ)

How can renter pilots be protected against subrogation?

Any of the options mentioned here; by purchasing their own personal aviation nonownership liability insurance; by being named as additional insureds on the aircraft's insurance policy; by addition of a waiver of subrogation endorsement to the aircraft's insurance policy

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

Apply to a statement of demonstrated ability (SODA) program

A true functional ownership program includes interlocking primary agreements. One of them is a master interchange agreement. What parties entail in the agreement?

Between the co-owners of all aircraft owned by participants in the management company.

Does the National Transportation Safety Board (NTSB) have any aviation responsibilities NOT relating directly to aircraft accidents?

Both answer A and B (Hears appeals from FAA orders suspending or revoking certificates issued by the FAA; . Alters fines against certificate holders and others charged with violating the FARs)

You are an aircraft broker specializing in airline-size jets. A customer contacts you, indicating that he does not know much about large airplanes, but he needs to purchase an aircraft capable of transporting 100 bulls weighing... 5 feet wide by 8 feet long by 6 feet high. If you sell an aircraft to this customer for that purpose, what warrenties will you be making to the buyer?

Both implied warranty of fitness and implies warranty of metchantability.

A flight provides nonstop service between anchorage and Kansas. All passengers aboard are ticketed from anchorage to Kansas A pressurization problem arises en route, and the crew decides to make a precautionary landing... accident. Will the Montreal convention apply?

Does not... ??? 35

Which of the following aviation-related operations is a function of the U.S. Customs and Border Protection?

Electronically collecting crew and passenger manifests on international commercial flights to the U.S

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

Emergency revocation of your aviation medical certificate and all of your pilot certificates

NEXT UP IS FROM THE FINAL

FINAL

Which of the followings could be admissible as evidence in a civil trial?

Facts found by the FAA inspectors who conducted the on-site investigation for the NTSB

A title search at the FAA aircraft registry in Oklahoma city will reveal all kinds of valid security interests in aircraft.

False

Part 135 operators can drop aircraft insurance and protect itself by having passengers sign an exculpatory contract instead.

False

The FAA can both suspend your certificate and fine you as punishment for the same FAR violation

False

The United States is only liable for negligence but not intentional tort committed be a FAA Designee, such as an AME, DAR, DER, DMR, IA, or ODA

False

The United States is only liable for negligence but not intentional tort committed by a FAA Designee, such as an AME, DAR, DER, DMR, or ODA

False

You hold an unexpired aviation medical certificate when you experience a health problem. You are required to report the change in your health to the FAA

False

Your airplane crashed, and a passenger was injured. You are absolutely certain the accident was NOT your fault. Your insurance company must get your permission to pay a settlement to the injured passenger.

False

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

False

You hold an unexpired aviation medical certificate when you experience a health problem. You are required to report the change in your health to the FAA.

False.

The FAA suspended your certificate for 180 days for an FAR violation. Because you either failed to timely appeal the Order of Suspension or you have exhausted the appeal process and the FAA prevailed, the order is final. How long will the violation remain on your FAA record?

Forever

The FAA suspended your certificate for 180 days for an FAR violation. Because you either failed to timely appeal the Order of Suspension or you have exhausted the appeal process and the FAA prevailed, the order is...

Forever.

You have violated an FAR. If the FAA finds out about the violation, what difference will it make if you have filed an Aviation Safety Report System (ASRS) with NASA?

If it was inadvertent, you could appeal the FAA's order to the NTSB without fear of having to serve a suspension.

What is the primary motivation of the lessee in a lease ("lease forward") different from that of the seller lessee in a sale with leaseback?

In a lease forward, the lessee's primary motivation is to obtain the use of the aircraft, while the one of the seller lessee in a leaseback is to sell an airplane

It is suggested to be truthful when filling out the application for insurance. If it is falsified,

It varies from state to state. In some states, the insurer does not have to pay the claim, in other states the insurer must prove that the matter falsified was a cause of the accident in order to avoid its obligation to pay.

What users would find fractional ownership more economical than either charter or outlight sole ownership of an aircraft?

NOT businesses and individuals using large and turbine powered multiengine aircraft less than 50 hours per year.

Can an airline use its tariffs to limit its potential liability to cargo shippers

NOT; yes, the airline can only set a dollar limit on its liability for loss of domestic cargo shipper.

If you are convicted of a FAR violation in connection with an aircraft accident causing injuries to other people or damage to their property. You would be found negligent as what legal doctrine?

Negligence per se

What form of business could protect an employee from personal liability for the consequences of the employee's negligence or intentional torts?

Neither form of business

In what case would the sudden emergency doctrine provide you a defense?

Neither torts found

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

No because the NASA Aviation Safety Report is confidential unless it involved an accident or a crime

May state governments regulate the routes served and rates charged by airlines?

No state is permitted to regulate interstate routes served or rates charged by airlines.

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

No unless it involved an accident or a crime.

Is the assumption defense available to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash?

No, because air travel is statistically proven to be the safest way to travel, it cannot be considered a "known risk"

You have inadvertently violated an FAR. 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?

No, because the NASA Aviation Safety Report must be filed within 10 days of the incident

The crew of a non-commercial flight department operation inadvertently lands on a taxiway parallel to the runway assigned by ATC. The landing is successful and there is no conflict with other traffic. is the operator required to notify...?

No, the operator is not an air carrier, so neither notification or written report is required.

The crew of a business jet in a charter flight inadvertently lands on a taxiway parallel to the runway assigned....

No, the operator os not an air carrier, so neither notification nor a written report is required.

Does the Montreal convention have on the legal liability of anyone other than the airline for the death or injury of an international airline passenger?

None. The only legal relationship between the airline and its international passengers.

A technician employed by a FBO decides to "moonlight" some work on the side (i.e., makes a personal agreement with the aircraft owner to work on the owner's aircraft in the owner's hangar). If he did the work in a negligent fashion, is the FBO legally liable for the consequences of the negligence of its employees?

Only the technician would be personally liable because he was "off on a frolic on his own"

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

Possibly both FAA and NTSB

is a time limit within which manufacturers, including those in the aviation industry, can be held liable for injuries caused by defects in their product.

Statutes of Repose

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

The CAB has no powers today

Before the Congress passed and 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)

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

The FAA

What agency/office of the US government is responsible for the production of aeronautical charts?

The FAA's Aeronautical Information Service office

Which US agency has the power of "hindsight review," which allows the agency to determine that a person is (or was) an employee of the aviation business?

The Internal Revenue Service (IRS)

What treaty is now the primary source of law governing the legal relationship between airlines and their international passengers?

The Montreal Convention

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

The NTSB only

Labor relations in Part 135 certificate holders are governed by

The National Mediation Board (NMB)

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

The National Mediation Board (NMB)

Which of the following US agencies is now an independent federal department?

The National Transportation Safety Board (NTSB)

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)

Which of the following US agencies is a part of the Department of Homeland Security (DHS)?

The Transportation Security Administration (TSA)

You are an ATC employed by the FAA. An aircraft crashes in your operational sector, and the survivors sue You personally for negligence, claiming that the instructions you gave the pilot caused the crash.

The U.S. Attorney will file a motion with the court substaining the US for you as a defendant in the case in the name of the U.S.

Regarding products liability of aircraft, how does the General Aviation Revitalization Act (GARA) affect repair stations and mechanics?

The insurance premiums increasing

You are operating an aircraft equipped with a single electronic primary flight display. while in the flight the screen goes dark, displaying no information. You have no electric cockpit displays. Are you required to notify...

This involved a complete loss of information from more than 50% of your electronic cockpit displays, it therefore is an "incident" requiring you to immediately notify the NTSB

What agency of the U.S government would a foreign nation deal with to negotiate a treaty to provide regular air service to and from the US territories?

Treaty would be negotiated with the U.S. State Department. It must be approved and executed by the President of the United States and ratified by the Senate.

An enforceable exculpatory contract can be created by "fine print" on the back of an admission ticket to an air show if the ticket is neither read nor signed by the spectator.

True

The FAA can both require you to submit to reexamination and suspend your certificate for the same FAR violation

True

You are involved in an accident as a flight crewmember. During the on-site phase of the accident investigation, the NTSB wants to ask you some questions. The accident investigation team includes some FAA personnel. If you make... against you in an enforcement action

True

You are about to buy the aircraft and insurance policy for the aircraft. The bank is willing to finance a portion of the purchase price of the aircraft only if you can ensure that even if the aircraft is destroyed in an accident, any... your aircraft?

Yes, by obtaining a lienholders interest endorsement on both liability and hull coverage of the insurance policy.

You are operating a regional airliner. on takeoff roll, you observe a small general aviation beginning to cross your runway ahead. You apply full braking and full reverse thrust, successfully abording the takeoff and stopping...

Yes, runway incursions involving an air carrier that require immediate corrective action to avoid a collision are one of the enumerated incidents that require you to notify the NTSB.

As the domestic passengers are walking across the ramp from the airliner to the terminal building, one of them slips on an icy patch and suffers an injury is the airline liable for this passengers injury

Yes, the airline is strictly liable for the compensatory damages only if the judge or jury found that the injury was caused by the airlines negligence, tested against the highest degree of care standard.

You have been using your aircraft only for your own personal business and pleasure flying. T o produce some income, you decide to lease it to an FBO that will use it for student instruction and rental...

Yes, the purpose of use will change from pleasure and business to limited commercial.

You were the pilot of an aircraft that crashed, injuring passengers. You are going to hire an attorney to represent you at trial. Will your attorney have the opportunity to find out what the other side intends to prove, and how, before trial?

Yes, through the process of discovery

The FAA issues an Order of Suspension against your certificate. Do you have the right to appeal that order? If so, to whom?

Yes, to the National Transportation Safety Board (NTSB).

you own an aircraft and lease it to a pilot. If the aircraft is used for an illegal purpose, even if you was not involved in the illegal operation. are you running any special risks?

Yes. It may be seized by a law enforcement agency and forfeited to the government.

You are involved in an accident as a flight crewmember. During the on-site phase of the accident investigation, the NTSB team including some FAA personnel wants to ask you some questions. what would you do to suspend or revoke your certificate in a subsequent enforcement case?

You can request a written agreement (petition) signed by the FAA representatives that nothing you say will be used against you in an enforcement.

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

provide workers' compensation insurance; provide unemployment compensation insurance; pay agreed wages and withhold payroll taxes; provide a safe place to work.

What are the primary forms of business organization?

sole proprietorship; general partnership; limited partnership; corporation; limited liability company; limited liability partnership

You are opening an aircraft MRO business that has its own hangar, offices, and pilot lounge. The business will not own or operate any aircraft. What insurance coverages would you obtain to protect the business ?

workers' compensation insurance; unemployment compensation insurance; premises liability insurance; hangarkeeper's liability insurance; products liability insurance; excess liability insurance