law 2
Aero Cargo Flight 13 provides nonstop service between Bogota, Columbia, and Miami. Prior to takeoff from Bogota, the crew is unable to start one of the engines on the aging four-engine DC-7C. Advised of the problem, the company's chief pilot and vice president of operations orders the crew to proceed on schedule with the cargo using the three functioning engines (a procedure known in the company as "attempting an air start"), making it clear that if the pilots do not comply, they will be fired. The pilots attempt the takeoff, but the aircraft is not airborne at the end of the runway, where it crashes and burns. What is the airline's liability, if any, for the resulting destruction of the cargo if both the UnitedStates and Columbia have ratified the Montreal Convention
17 SDR's for every cargo on board
While you believe that you have now accumulated over 10,000 hours of flight time, it has been your habit to record in your pilot logbook only time required by FAR to be logged to show proficiency, so you have logged only 3,000 hours of flight time. Which figure should you use in your application for aircraft insurance? Why?
3,000 hours because the company needs to see it
What is fractional ownership?
4-16 owners share a part in an aircraft with a central manager company
8. During night operations under Visual Meteorological Conditions (VMC) at a busy major airline hub having a control tower operated by the FAA, the local controller clears a regional airliner into position and hold preparatory to take off runway 26R. The regional airline crew properly acknowledges the clearance and moves onto the runway, halting in position for takeoff. Distracted, the local controller then forgets about the regional airliner and clears a jumbo jet to land on the same runway. The larger airliner lands on top of the waiting regional airliner. Both aircraft are substantially destroyed by the collision and ensuing fire, and there are numerous passenger and crew member deaths and injuries. a. Who is potentially liable, and why?b. If more than one person or entity is found legally liable, how will the responsibility to pay the plaintiff's damages be apportioned? Describe
ATC and big airliner split
From the standpoint of legal liability for negligence, what difference does it make whether a domestic commercial flight is a common-carrier or a contract-carrier operation?
Common carrier owe duty of highest care
What support services does the NTSB make available to families of airline disaster victims?
Joint Family support office (coordinates with other orgs such as redcross)
What treaty is now the primary source of law governing the legal relationship between airlines and their international passengers
Montreal Convention of 1999
Are there any states in which exculpatory contracts are void and unenforceable as a matter of law? Ifs o, where?
New York
you manage an air charter company operating under FAR Part 135. The premium for the liability portion of your aircraft insurance is one of the business's major expenses. Can the company drop that insurance and protect itself by having passengers sign an exculpatory contract instead? Why?
No because a law requires them to carry insuraance and they are a common carrier
What is a discretionary function? What other kind of exercise of judgment is there? Distinguish.
Policy making
You just landed a light twin without first lowering the landing gear. Both propellers are curled back, the flaps are bent, and there are some dents and scrapes on the aircraft's belly skin. a. You believe the cause was that you were distracted in your performance of the aircraft's prelanding checklist by the air traffic controller calling to point out other traffic to you. Are you required to notify any government agency about this mishap? Explain. b. You believe that the cause was a malfunction or failure of the landing gear system because you remember placing the gear handle in the "down" position and observing three illuminated green lights, indicating that all three landing gear were down and locked. Are you required to notify any government agency of this mishap? Explain. c. A tear-down inspection of the engines reveals that both crankshafts were bent when the propellers struck the ground. Now are you required to notify any government agency of this event? Explain
a- No substantial damage was caused as this was a gear-up landing b- no the landing gear does not count as a system malfunction and did not cause serious harm c- yes because it now affects 2 engines
State the appropriate aircraft insurance purpose of use for each of the following operations: a. A flight school b. An air charter company c. An air cargo company d. Forest fire fighting e. A full-service FBO f. A corporate jet g. A sport plane for personal recreational acrobatic flying h. A sport plane for commercial dual acrobatic instruction i. A hot-air balloon for personal recreational flying j. A hot-air balloon for hire for rides K. A hot-air balloon for commercial bungee jumping l. Crop spraying m. A commercial civilian "Introduction to air combat maneuvering" school, using former military aircraft
a- commercial b- commercial except c- commercial d- special e- commercial f- industrial aid g- special h- special i- personal j- commercial k- special l- special m- special
You are about to buy an aircraft and have a particular one in mind. Develop a checklist of things you should do at each of the following stages of the purchase transaction: a. Prior to entering into a final agreement to purchase the aircraft b-. At the closing of the sale c. After closing, but before flight d. After closing, but not necessarily before flight
a- ensure you have a contract, it goes through a prepurchase, title search, and make an insurance binder b- title insurance, file the financing statment, promisory note. c- file BOS, register, insurance, d- pay tax, radio license
A real estate brokerage firm specializing in large farm and ranch properties scattered across the rural Midwest and western United States hires you to buy a suitable airplane and set up a flight department to enable the company to transport prospective buyers to view these properties. The company will make its money from real estate sales, and there will be no charge to these customers for the air transportation. You are about to buy the aircraft insurance policy. a. What is the appropriate purpose of use to cover the proposed operations? Why? b. On the hull coverage, what risks will you insure against? Why? c. What method of valuation will you select in the event of a total loss? Why?d. Will a policy containing a FAR violation exclusion clause be acceptable? Why? e. The company's bank, which has no prior aircraft financing experience, is willing to finance a portion of the purchase price of the aircraft if (and only if) you can ensure that even if the aircraft is destroyed in an accident, any unpaid balance on the loan will be paid in full. Can you accomplish that through your aircraft insurance even if the circumstances of the accident were such that the insurance company would not have to pay the aircraft owner (such as if the aircraft was being flown by an unqualified pilot at the time of the accident)? If so, describe
a- industrial aid it is never used as commercial b- all risks because the plane flys a lot c- stated value d- no e- no because the pilot needs to be qualified
You are a co-owner of a business that has a dealership for a major manufacturer of general aviation aircraft. The aircraft typically arrive at your dealership from the factory ready for delivery to the customer, and your company does not usually perform any inspection or other work on the aircraft prior to sale and delivery to the buyer. A new aircraft your company recently sold to a customer has crashed, killing everyone aboard. It appears that the crash was caused by a design or manufacturing defect a. Is your business exposed to any risk of being found liable? Explain. b. If such liability is found, will it make any difference to you whether your company was organized as a partnership or a corporation? Explain
a- no because it is up to the buyer to do the preflight inspection b- it should be a corporation because then your personal assets will not be at risk
You experience an in-flight engine failure in a single-engine aircraft and make an emergency landing on a freeway below. a. You land and roll off into the median without damage to the aircraft or anything else. There are no injuries. Are you required to notify any government agency of this event? Explain. b. You land on and destroy a $200,000 exotic sports car. Seeing the aircraft coming, the car occupants jump out and escape unscathed, and there is no damage to the aircraft except some scraped paint and a flat tire. The occupants of the aircraft are not injured. Are you required to notify any government agency of this occurrence? Explain
a- no because it was only a single engine and caused no damage b- yes because property damage was greater than 25,000
A catering truck rolls into a parked airliner, damaging a fuselage and pressure vessel to the extent that it will require a major repair before flight. a. Only the aircraft cleaning crew is aboard at the time of the collision. Is the airline required to notify any government agency of this occurrence? Explain. b. The passengers have not yet begun to board the aircraft at the time of the collision, but the flight crew is aboard preparing the aircraft for departure when the collision occurs. Is the airline required to notify any government agency of this occurrence? Explain
a- no because nobody had the intention to fly b- yes because they were intending to fly
You are flying a large jet transport and experience a failure of one of the four turbine engines. No one is injured, and you are able to make a successful emergency landing. a. The failure was apparently caused by ingesting a large bird, which caused numerous turbine blades to break off and be blown out of the engine exhaust. Are you required to notify any government agency of this occurrence? Explain. b. The failure was catastrophic and uncontained, causing a turbine wheel to emerge from the side of the engine cowling, penetrating, and lodging in the fuselage. Now are you required to notify any government agency of this occurrence? Explain
a- no because the debris came from the exhaust as it should have and it only affected one engine b- yes because the engine dislodged debris in an improper way
Your aircraft insurance company hears a credible rumor that although you are not a licensed aircraft mechanic, you are doing all of the inspections and maintenance on your aircraft, and an accommodating A&P Mechanic with Inspection Authorization is signing off all your work, sight unseen, for a modest fee. You have not yet had an accident, incident, or claim. a. What is your aviation insurance company likely to do as a result of receiving this information? b. Would this action by your insurance company have any effect on your future ability to purchase aircraft insurance?
a- raise your fee or take it away in general b- no
For each of the following events, indicate whether the event triggers considerations relating to your aircraft insurance policy, and explain why. a. The aircraft is to be used for a different purpose than before. b. A different pilot will be flying the aircraft. c. The aircraft is going to be flown outside the contiguous (lower 48) United States. d. You have upgraded the aircraft's avionics, adding significantly to its value. e. You are going to fly the aircraft to Santa Fe, New Mexico. f. You have finally paid off the loan you took to purchase the aircraft. g. You sell the aircraft.
a- reinsurre it b- ensure they are quailfied c- check the geographic restrictions d- keep the same value incase the market value is drastically less e- nothing it is okay f- nothing g- the insurance cant be void
You just walked away from a spectacular crash that totally destroyed the airplane. You have walked only a few yards when someone who obviously saw the crash comes running up to you and says: "I can't believe you're alive. What happened?" You're pretty sure that you forgot to disengage the gust locks on the aircraft's control surfaces before attempting to take off. a. What will you say and why? b. Who must you notify about this accident, and when and how? c. To whom are you required to submit a written report about the accident, and when
a- remain silent b- immediate report to NTSB because there was substantial damage c- written report to NTSB if requested (within 10 days)
You are the manager of an FBO. A customer purchases a new airplane through your business. A bank finances that purchase obtains a security interest in the aircraft through a written security agreement signed by the purchaser, and files that security agreement with the FAA Aircraft Registry and the International Registry. Later, the customer has your shop install upgraded avionics, including a full"glass cockpit" set of multifunction displays (MFD) integrating flight, navigation, engine, and sensor data. a. Do you have the right to require the customer to pay the bill for the equipment and installation in full before you release the aircraft back to the customer? Explain. b. If the aircraft owner went bankrupt at that point (when the work has been done, the bill has not been paid, and the FBO still has the aircraft), who will be paid first from the sale of the aircraft, the FBO, or the bank? Why? c. In initial discussions over the price of the equipment and installation, the customer indicated that she wants to buy the unit and have your shop install it, but she would like to pay the price for the equipment and installation in three monthly payments, rather than all at once. This is acceptable to you. Is there anything you can require as a condition of releasing the aircraft back to its owner before the debt is paid in full to protect the FBO's security interest in the aircraft for this installation? If so, describe. d. After the transaction described in c, above, your shop installs the equipment in the aircraft and releases it to the owner. Before the bill is paid, the aircraft owner files for bankruptcy. Now who is in the superior position to be paid first out of the proceeds from the sale of the aircraft: the FBO or the bank? Explain
a- the buyer must pay in full before getting the airplane back b- whoever has possesion of it so the FBO c- promissory note and security agreement in paper so that you are assured to get your payment
Your best friend from college was in ROTC and on graduation was commissioned as an officer and trained as a fighter pilot. Your friend experienced an engine failure on takeoff from an air base in Afghanistan and was killed when the aircraft's ejection seat failed to function. Your friend's spouse, who is very worried about how to support the couple's two young children, asks whether you think they might be able to successfully sue the federal government or anybody else for your friend's death.Analyze the potential legal liabilities for each of the following causation scenarios, showing your reasoning: a. The ejection seat failure was determined to have been caused by a design defect incorporated in the specifications provided to the manufacturers by the United States. b. The failure was determined to have been caused by an assembly line worker in the ejection seat manufacturer's plant, who assembled the trigger mechanism incorrectly
a- they can sue usuing the government contractor defense if proven the government told to produce it anyways b- company can get sued
You have camped beside your floatplane on the shore of a remote lake in the Alaskan wilderness. A friend who operates the same make and model as yours and knows where your favorite fishing hole stops by to bring you a copy of a new Airworthiness Directive (AD) that the FAA has just issued against these aircraft. The AD requires that a certain test be performed "before further flight." The equipment needed to perform the test is not portable and the only repair facility in the state with that equipment is located over 500 miles away in Anchorage. Therefore, you will be required to obtain a special flight permit (ferry permit) from the FAA in order to legally fly the aircraft from your present location to the repair station where the AD can be complied with. a. Do most aircraft insurance policies cover operations under a special flight permit? b. What would be the prudent thing to do about your aircraft insurance coverage before taking off from the lake? Why
a- usually not, you would have to purchase new insurance b- purchase new one
You are operating a commercial skydiving school. Before jumping, each parachutist is required to sign an exculpatory contract drafted by the school's lawyer. Assume the contract is legally valid in your state. A jumper experiences a main parachute malfunction and fails to follow the proper sequence of emergency procedures to deploy her reserve parachute, so that is becomes entangled with the malfunctioned main chute. Plummeting to earth at a high rate of speed, the jumper lands on a resident who is mowing his lawn, killing them both. a. Will the exculpatory contract protect the skydiving school from a lawsuit by the jumper's spouse claiming that the school negligently trained and supervised the jumper? Explain. b. Will the exculpatory contract protect the school against a lawsuit by the spouse of the deceased resident, claiming that the school was negligent in training and supervising the parachutist? Why?
a- yes because they signed it b- yes c- still try for negligence
.While operating at an uncontrolled airport, you have a midair collision with another aircraft that you did not see and that had no radio with which to report its whereabouts or intentions. a. Fortunately for everyone involved, your aircraft suffered no damage, and the only damage to the other aircraft was a small hole punctured in the upper skin of a wing by your landing gear. No one was hurt, and both aircraft landed uneventfully. Are you required to notify any government agency of this mishap? Explain. b. The two aircraft involved were both blimps, which merely bounced off each other rather comically, with no damage to either aircraft. Are you required to notify any government agency of this mishap? Explain. c. The two aircraft did not collide but missed each other by no more than a millimeter. Are you required to notify any government agency of this event? Explain
a- yes mid-air means immediate contact b- yes both were considered a mid-air c- no because there was no contact.
you are involved in an accident as a flight crew member. 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. a. If you make a statement in the presence of this FAA personnel, can it be used against you in an enforcement action? b. Is there a way to cooperate with the NTSB at this point by discussing the accident with them, without running the risk of giving the FAA ammunition to suspend or revoke your certificate in a subsequent enforcement case? If so, describe
a- yes so you must be careful b- yes must have FAA write a letter saying they will not disclose this information
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control, and the aircraft "ground-looped." a. The right wingtip was damaged to the extent that it will have to be repaired or replaced before further flight. Are you required to notify any government agency of this event? Explain. b. During the course of the ground loop, the right main landing gear leg also failed. Now are you required to notify any government agency of this event? Explain. c. When the landing gear failed, the propeller struck the ground and was bent. Now are you required to notify any government agency of this event? Explain. If the ground impact caused a propeller blade to separate from the aircraft would you arrive at the same or a different answer? Explain. d. A subsequent tear-down inspection of the engine reveals that the prop strike bent the crank shaft. Now are you required to notify any government agency of the event? Explain. e. During the landing events, your head was banged against the aircraft's structure. Although you did not lose consciousness, you experienced an extreme headache and dizziness and were hospitalized for treatment for a concussion. Now are you required to notify any government agency of this event? Explain
a- yes this counts as substantial damage b- no you were already on the ground c- no because you were on the ground d- no because it was caused by a ground related incident e- yes if you were hospitalized for 48 hours or more
What legal documents are necessary components of a fractional ownership program?
aircraft purchase agreement, join ownership agreement, aircraft management agreement, master interchange agreement
You are opening an aircraft repair station that will inspect, repair, and modify customers' aircraft, providing necessary parts in the process. The business has its own hangar, where the work will be performed, and offices including a reception area and pilot lounge for customers along one side of the hangar. The business will not own or operate any aircraft. What insurance coverages will the business need
all risks while not in flight
Compare and contrast the vicarious liability of the federal government for the consequences of torts committed by its employees with the same liability of employers in the private sector.
can still face the same consequences
What is an airline tariff
complete agreement between you and your airline
How can you tell whether a person is a domestic or an international passenger? Describe.
d- both airports on ticket are in same country
What difference does it make whether a government employee's activities alleged to have contributed to cause an aircraft accident were a discretionary function or not
discretionary= no claim
Which affords you better protection from liability losses: an exculpatory contract or adequate liability insurance
exculpatory
You own an aircraft. A person you have seen around the airport but don't know very well approaches you with a business proposition. She informs you that she is starting a commercial flying club and would like to lease your aircraft. What will you do to decide whether you want to do business with this person
get to know her better to ensure her intentions are legit
What is the difference between a lease and a leaseback?
leaseback- you lease it back out, allowing it to make money. Not intending to fly it as much
What is a security interest?
legal interest in an item of personal property that secures the payment of a debt.
Distinguish the primary motivation of the lessee in a lease ("lease forward") from that of the seller-lessee in a sale with leaseback.
lessee in a lease forward intends to fly it more, the seller-lessee the intention is just sale and making money
Your corporate flight department typically transports very highly paid customers of the company, but your aircraft insurance policy has a liability limit of $100,000 per passenger seat (which wouldn't-even begin to cover the probable judgment if even one of these high rollers was killed or injured in the crash of one of your company's aircraft). If you are unable to purchase aircraft insurance with liability limits sufficiently high to cover a typical plane load of non-employee passengers (the company employee passengers are covered by worker's compensation insurance), is any other insurance available to cover liability above and beyond the aircraft insurance policy's liability limits? If so, describe
look into excess liability policy
You are starting a commercial operation offering suborbital space flights. You find that you cannot buy liability insurance for this operation, at any price. What, if anything, can you do to manage the risk of liability for injury to your wealthy but adventuresome passengers
make sure they sign the exculpatory contract
is the assumption of risk defense to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash? Why?
neither because they new
Your airplane crashed, and a passenger was injured. You are absolutely certain the accident was not your fault. Does your insurance company have to get your permission to pay a settlement to the injured passenger
no
is the United States liable for negligence for a FAA Designee, such as an AME, DAR, DER, DMR,IA, or CDO
no
Can an airline use its tariffs to limit the airline's liability for passenger injury or death? Why?
no because it endangers human safety
domestic passenger and an international passenger are standing side by side in the airline terminal baggage claim area waiting for their bags to arrive when a lone terrorist walks up and detonates his suicide vest, killing them both. Is the airline liable for either death? Explain.
no because they are past diembarkment
Can an enforceable exculpatory contract 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
no it must be signed
Will a title search at the FAA Aircraft Registry in Oklahoma City reveal all kinds of valid security interests in aircraft
no it only covers those reported in the US
n air traffic controller is going through a bitter divorce. One dark and stormy night the controller realizes that among the aircraft he's controlling is a private jet owned by the man who stole the affection of his soon-to-be-former spouse, and that she is among the passengers in that aircraft. In a fit of anger and jealous rage, the controller deliberately gives the jet a series of vectors to the final approach course intended to confuse the crew's situational awareness before putting them on a course at an assigned altitude that causes the aircraft to collide with an obstacle. There are no survivors. Will the U.S. be held liable for the controller's actions?
no it was negligance
Snow Bird Airlines flight 13 provides nonstop service between Anchorage and Phoenix.All passengers aboard today's flight are ticketed from Anchorage to Phoenix and none has an origin or destination in another country on his or her ticket. A pressurization problem arises en route, and the crew decides to make a precautionary landing in Vancouver, Canada. If this attempted to stop in Canada leads to an accident will the Montreal Convention apply? Why
no they are domestic but can sue under canada law
You are an air traffic controller employed by the FAA. An aircraft crashes in your operational sector, and an attorney for persons injured in the crash sues you personally for negligence, claiming that the instructions you gave the pilot caused the crash. Will the U.S. Attorney help you? How
no, because it was not done under negligence so they can sue
While filling out your application for aircraft insurance, you round off your total flight time to the next higher 100 hours. You are issued an aircraft insurance policy based on that application but have an accident that causes extensive damage to the aircraft before you actually accumulate the total number of hours you reported on your application for that insurance policy. Is the insurance company obligated to pay for the repair of the aircraft? Explain
no, if the hours are not there then the company is not legally required to pay
What accidents and incidents are you required to report to the FAA
none
What effect does the Montreal Convention have on the legal liability of anyone other than the airline(for example, the aircraft's manufacturer, air traffic controllers, or the airport owner/operator) for the death or injury of an international airline passenger
none
What is an exculpatory contract
one party promises not to sue other regardless of injury
How can you save money on attorney fees in the drafting of an aircraft lease?
prepare the document yourself
Compare and contrast the personal liability for the consequences of torts committed by individual federal employees with that of individual employees in the private sector.
protected
When you receive your aircraft insurance policy, what should you do with it
read it and ensure it is okay
Why did the United States not experience an explosion in civil litigation arising out of the deaths of thousands of people from the terrorist attacks using hijacked airliners on 9/11/01
the US established a compensation fund so they had to waive their right to file or be in a civil lawsuit to receive this fund
You are approached by a pilot who says he owns the same make and model of general aviation aircraft as yours. He says that his annual inspection is taking longer than expected, interfering with his family's long-scheduled vacation plans. He asks to lease your aircraft for their planned two-week family vacation trip. He offers you a good price and even offers to pay cash in advance. You have had some major unexpected family expenses and could really use the money, but you are left with the uneasy feeling that a family vacation may not really be what the pilot intends. If you decide to just take the money and not ask any pointed questions or otherwise check this person out, are you running any special risks? Explain
the person can conduct illegal activities causing your airplane to be ceased by the government
What is subrogation, and how can renter pilots be protected against it
the right of an insurance company that has paid a claim to sue anyone other than insured who contributed to cause. Make sure you have a waiver of subrogation
What right does the holder of a security interest have that other creditors do not?
the right to take that property even without having to go to court
Explain how that difference in primary motivations may lead the seller-lessee in a leaseback to act in a manner that may be contrary to the owner-lessor's best interests.
the seller-lessee may only show how this has worked in the past because it means they will get commission.
What effect has ratification of the Montreal Convention had on the volume of litigation of claims for injury to international airline passengers
they are able to get more for a crash
What advantages do fractional ownership programs offer air travelers as compared to chartering or purchasing similar aircraft as sole owners?
they are typically much cheaper
What effect has the General Aviation Revitalization Act (GARA) had on products liability for aircraft manufacturers, repair stations, and mechanics
this had made rates go up as they are forced to pay for the costs
What users will find fractional ownership more economical than either charter or outright sole ownership of an aircraft?
those that need an aircraft between 51 hours and 200 hours
You manage the flight department that operates a dozen multimillion-dollar jets transporting executives, guests, and customers for a corporation that does business internationally. One of the nations where the corporation does very lucrative business is experiencing civil unrest characterized by increasingly violent anti-government and anti-western demonstrations. The corporation's legal department is concerned that the corporation's present aircraft insurance policy might not cover the kind of risks that are developing in that nation, since the policy includes Lloyd's form AVN 48B, captioned "War, Hi-jacking, and Other Perils Exclusion Clause." Is there a way to insure this risk? If so, describe
war risk endorsement
You are an aircraft broker specializing in airline-size jets. A customer contacts you, indicating that he is the CEO of an international cattle-breeding operation in Texas. He advises you that neither he nor anyone on his staff knows much about large airplanes, but they need to purchase an aircraft capable of transporting 100 bulls weighing an average of 1,600 pounds each, each in a 150-pound shipping cage measuring 5 feet wide by 8 feet long by 6 feet high. He states the aircraft will also need to be capable of carrying that load from Dallas to Buenos Aires, Argentina, nonstop. If you sell an aircraft to this customer for that purpose, what warranties will you be making to the buyer
warranty of fitness for particular purpose that it will actually be able to do this
Can a mixture of domestic and international passengers be on the same flight
yes
You are operating an aircraft equipped with a single electronic primary flight display. While in flight the screen goes dark, displaying no information. You have no other electronic cockpit displays. Are you required to notify any government agency of this failure? Does your answer depend upon whether you are operating in IMC or VMC at the time? Explain
yes because a complete loss of 50% of the electronic flight displays requires a report. Does not matter if IFR or VFR
Can an airline use its tariffs to limit its potential liability to passengers or shippers? If so, describe
yes because it is
A midair collision occurs within the Class D airspace of a local airport that has a control toweroperated by the FAA. Visibility at the time of the accident was three miles, and both aircraft had radioed the tower a minute or two before the collision, reporting similar positions. Each obtained landing instructions and the tower warned the second aircraft that another aircraft had reported inbound from the same area. The aircraft were not yet visible to the tower controllers when the collision occurred. One of the distraught tower controllers later lamented to the news media: "I told Washington months ago that we needed radar at this tower and that if we didn't get it pretty soon, there was probably going to be a midair collision. If only we'd had radar, we could have kept those planes apart." Can the survivors of the people who died in the collision reasonably hope to successfully sue the federal government for the FAA's negligence in not installing air traffic radar at the airport? Explain
yes because the ATC was just doing his operational duties which failed due to negligance
it is a snowy and bitterly cold winter day in Cleveland when the commuter airline flight from Montreal, Canada, pulls up to the gate. 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 passenger's injury? Why? Are there any artificial dollar limits on that liability
yes because they are still an international passenger until crossing the ticket gate again
if in the previous question the flight came from Chicago and the passenger who fell was a domestic passenger, under what circumstances and to what extent would the airline be liable for the passenger'sinjury?
yes because they need to show the highest level of care
You have been using your aircraft only for your own personal business and pleasure flying. To produce some income, you decide to lease it to an FBO that will use it for student instruction and rental. Will this require any changes in your aircraft insurance coverage? If so, describe
yes you must add limited commercial
While maneuvering on an aircraft parking ramp, a line service attendant accidentally strikes a helicopter's main rotor blade with the gas truck, damaging it to the extent that the blade will have to be replaced. Must any government agency be notified of this mishap? Explain
yes, any damage to helicopter rotor blades must be informed
You are operating a regional airliner. On takeoff roll, you observe a small general aviation aircraft beginning to cross your runway ahead. You apply full braking and full reverse thrust, successfully aborting the takeoff and stopping short of the other aircraft. Are you required to notify any government agency of this occurrence? Explain
yes, there was a wrong runway/taxiway incursion that required immediate correction
You are an aircraft owner and hold a commercial pilot certificate, but do not hold a Part 135 certificate. Can you legally rent or lease your aircraft to others and then allow them to hire you as their personal pilot to fly the aircraft for them in their travels? Explain
yes, wet lease but both must come from same place
