AVMG 5090 chapter 10-17
What is inverse condemnation?
land owner call file suit against government for not paying compensation.
The future airport site is in an undeveloped rural area. What can be done to keep private developers from building homes and other noise-sensitive projects in areas that will be most heavily impacted by noise from aircraft using the airport, and to otherwise buffer future residential developments from airport noise?
i. Rezone or buy the land within a 65-75 db line
What can be done to control the noise of aircraft using the airport?
i. The area around the airport can be rezoned ii. The FAA can send out a noise evaluation team
A regional airport authority has been formed to design, build, and operate a new public air carrier airport, and you have been hired as a consultant to the authority. It is anticipated that if you do a good job, you will be offered the position of airport manager once the facility opens. The project right now is something of a political "hot potato," and it seems that there are many public concerns about the costs and consequences of the project. The authority has set up a public hearing to afford citizens and the news media the opportunity to ask whatever questions they may have about the project to allay their fears and correct their misconceptions. You will be on the panel responding to them and must be prepared to answer questions in the following areas:a.Are any federal matching funds available to help pay the costs for planning and construction of the new airport, and if so, what is the name of that program and what is the maximum percentage of the total project costs that can be funded by it?
i. Yes ii. Airport Improvement Program (AIP) iii. 95% of a project's cost
What, if anything, can be done to prevent private developers from putting up hotels, office buildings, apartment houses, or condominiums on adjacent private property that could obstruct aircraft coming and going from the airport after all this money has been spent on airport development?
i. Zone it accordingly ii. Height zoning: restricts landowners from building obstructions into the landing glide path.
What right does the holder of a security interest have that other creditors do not?
if owner doesn't pay the debt, a holder of a security interest can take possession without a judicial process
Describe the two common uses of the police power to solve legal problems identified in your answer to Question 1, above.
land zoning, height zoning
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.
lease may decrease over time
How long is an airport operator bound by the restrictions of the grant agreement if federal airport development funds are accepted?
20 years
What users will find fractional ownership more economical than either charter or outright sole ownership of an aircraft?
50 Hours or less - charter is cheaper 200 hours or more - ownership is cheaper
A Midwestern manufacturer of civil aircraft is hiring janitorial workers to keep the plant clean. Most residents of the area are white and of European descent. The state gave the manufacturer tax breaks valued in millions of dollars to locate in the area, to bring in jobs to replace declining farming jobs. Many applicants for the jobs look and sound foreign to the interviewer and were born in Central and South American countries. a. Can the employer lawfully give preference to applicants who were born and raised in the local area over other qualified applicants who came from abroad? Why? b. Is the employer allowed to require proof of identity and verify that persons hired are legally qualified to work in the U.S.? Why?
A. No, you cannot discriminate because of national origin B. yes it is required
The National Park Service (NPS) of the U.S. Department of Interior desires regulatory changes to reduce the aircraft noise level in Denali National Park, Alaska. Can the NPS legally: a. Prohibit aircraft from flying over certain areas of the park and fine violators? Why? b. Impose noise limits on aircraft flying over the park and fine violators? Why? c. Prohibit aircraft from landing and taking off from locations within the park, such as the Kahiltna Glacier, a popular spot used by ski-equipped airplanes to drop off and pick up climbers assaulting the peak of Denali? Why? d. Impose noise limits on aircraft landing and taking off from Kahiltna Glacier? Why?
A. No; Airspace is under jurisdiction of FAA B. No, except if there's an airport in the national park ii. FAA still oversees it to an extent C. Yes; it is the land. NPS has say over the land. FAA has say over airspace.
FAA air traffic controllers are getting fed up with their managers, who they say behave in an arrogant and arbitrary manner, treating them like children at best or slaves at worst. a. Do the controllers have the right to bargain collectively through their union, NATCA, with the federal government over their working conditions? Why? b. If collective bargaining fails to lead to improved working conditions, do the controllers have the right to strike? Explain.
A. Yes B. No federal employs cannot strike.
You have bought a prosperous aircraft station from its previous owner, continuing the operation with the same employees. One day in the shop you observe one of your mechanics remove a data plate from an alternator and replace it with another one he removes from a drawer on his work table. When you ask what he's doing, he explains that they purchase alternators from a local discount auto supply shop, then replace the data plate with one showing the unit to be an FAA-approved part. He says the previous owner told them everybody knew the units were identical, but the manufacturer just charged ten times as much for a unit with the FAA-approved data plate. The shop buys them cheap, but charges the customer the manufacturer's list price for the FAA-approved version. He says they've always done that with a lot of parts, which is why the business is so lucrative. a. Assuming that the parts are in fact identical except for the data plate, is this action a crime? Explain. b. Now that you know about the practice, would you be committing a crime if you allow it to continue, as long as you don't do any of the data plate switching yourself? Explain. c. If the data plate switching is a crime, what are the penalties: i. If the part is installed on an aircraft, and work O.K.?ii. If the part is installed on an aircraft and fails because of a difference between the automotive and FAA-approved aircraft versions? iii. If the failure of the part causes a fatal accident? iv. To your business, for violations past and future?
A. Yes, fraud involving aircraft parts in interstate or foreign commerce ii. It is not aviation quality B. Yes, you know it is happening and allow it C.
You are the executive vice president of a major flight training company. There is talk of union organizing among the company's flight and simulator instructors. The CEO calls a meeting of company executives to discuss the situation. He expresses a feeling of betrayal that they would do the, "after all I've done for them," and the fervent desire to prevent the unionization of these employees. a. One executive recommends the company fire the three instructors they believe to be the leaders of the movement, and then call a meeting with the rest of them and tell them that if they persist in the union organizing effort, they will also be fired and replaced. Is this a good idea? Why? Do you have a better approach to recommend? If so, what? b. Several of the instructors express strong opposition to the union organizing effort. Union proponents tell them that if they know what is good for themselves and their families, they'd better shut up and get on board. They and their children are called derogatory names and receive anonymous threatening letters and phone calls, and their personal vehicles are damaged in the company parking lot. Is this lawful? Explain. c. Following a bitterly contested organizing effort, the union succeeds in being elected as the collective bargaining representative of the company's instructors. The CEO is now so angry that he says he will never negotiate with union representatives. Is that a real option? Explain.
A. i. No ii. The NRLA forbids it B. i. No ii. It is an unfair labor practice C. i. No ii. He cannot refuse to bargain with employee representatives iii. Must bargain in good faith
You are the chief pilot for an air charter company serving primarily an oil industry clientele. Most of your company's flying involves transporting "roughneck" crews of oil workers to and from offshore drilling platforms and other remote and primitive drilling and exploration locations. Weather, duty time, and mechanical considerations sometimes require aircrews to stay at the work site with the workers for overnight or longer. Although you are a male and a seasoned former military aviator with considerable overseas combat experience, the language and behavior of these workers is sometimes too crass for your comfort. a. Business is good and the company is accepting applications to hire a dozen additional pilots. Several qualified female aviators apply. You can't imagine exposing women to these rowdy passengers and crude working conditions. You explain the situation and your concerns to each of the female applicants during their job interviews, but they are undeterred. Can you lawfully exclude them? Explain. b. The company hires several of the women pilots to fly both helicopters and business jets. A few weeks later, one of them complains to you that when she and a male pilot landed on one of the drilling rigs and deplaned to have lunch, she was subjected to a continuous barrage of whistling and sexually suggestive remarks from a crowd of leering, ogling oil workers. She reports that the other pilot joined in the spirit of the occasion, patting her on the butt while smiling and waving at the workers. She slapped his hand away and told him in no uncertain terms that he did not have permission to touch her but he just laughed and told her to lighten up and enjoy the attention. She was afraid for her personal safety. What will you do? Explain.
A. i. No, Civil Rights Act of 1964 B. i. Investigate the report and act on it on a timely and proper manner ii. Take action upon conclusion of the investigation
A subsequent tear-down inspection of the engine reveals that the prop strike bent the crankshaft. Now are you required to notify any government agency of the event? Explain.
Although, I would think of this as being substantial damage, according to the authorof our text, it is not considered substantial damage. You are not required to notify any government agency of the event because the incident is not considered substantial damage.
Who is empowered to regulate the use of navigable airspace over the U.S.?
FAA Administrator
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.
Yes, a report to the NTSB would be required for this incident because the turbine blades escaped by a path different from the exhaust path.
At a general aviation airport, you and your co-owner are in your hangar polishing your airplane. Your suspicions are aroused when you notice a person neither of you have ever previously seen around the airport moving down the ramp and peering into parked aircraft. When you see him try to open the door to one, you decide you have to take action. You have a pistol in your car. What will you do, and why?
Call the police, don't take action yourself
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.
Maybe, call NTSB office
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.
NO, because there is no intention to fly.
What is fractional ownership?
a. A type of co-ownership in which each owner buys a percentage expected to equal its annual use
After closing, but before flight
File bill of sale with FAA Aircraft Registry Pink copy of a/c registration is in aircraft as temp registration liability and hull insurance in effect financing statement
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 the engine exhaust. Are you required to notify any government agency of this occurrence? Explain.
No, damage was only to one engine so it is not an accident and if the turbine blades are blown out by the exhaust it is not an incident that requires an mandatory report.
As a general rule, an employer can fire an employee at will for what reasons?
a. Any reason or no reason if there is no employee manual b. Employee at will does not have the right to need an explanation after firing
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 background info, find out about the person, take to bar
Who must you notify about this accident, and when and how?
Immediately contact nearest NTSB field office by most expeditious means
What support services does the NTSB make available to families of airline disaster victims?
Joint Family Support Office (JFSO) to coordinate support from Red Cross and other like organizations
What is a security interest?
Legal interest in an item of personal property that secures payment of a debt. It is a legal right to take possession of an aircraft (exception to conversion) as long as there is no breach of peace. For example, a mechanic's lien.
Your aircraft is hangared at a popular general aviation airport owned and operated by the city you live in. In fact, you chose to buy a home in that city precisely because it was so convenient to this airport. The airport has been developed with the help of federal matching funds. The most recent federal Airport Improvement Program grant was received by the city five years ago, to enable extension and resurfacing of the main runway. You have just learned that the city has announced plans to close the airport and sell the property to a developer who plans to build a commercial energy-producing wind generator farm on the site. Can you and other pilots who use the airport successfully sue in court to block the closure, based on promises the city made to the FAA as part of the last grant agreement? Why?
Let the FAA do the suing All you can do is tell them.
You own a horse ranch. A regional airport authority builds a jetport nearby with runways oriented so that aircraft taking off and landing at the airport frighten and stampede your horses. Several of your most valuable thoroughbreds have been badly injured crashing into fences when panicked by the aircraft, and your family can't even get a good night's sleep anymore because of the noise from the jets a. Can you get an injunction to make them stop flying so low over your ranch? Explain. b. Do you any legal recourse for this problem? Explain.
No, it is inverse condemnation i. No ii. The government can take the land
Will a title search at the FAA Aircraft Registry in Oklahoma City reveal all kinds of valid security interests in aircraft?
No, it would only cover liens recorded in the United States. FBOs and repair stations may have unfiled liens. Furthermore, check the International Registry of Mobile Assets (International Registry) created by the Cape Town Treaty in March of 2006.
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.
No, the landing gear is not a flight control system and therefore does not need to be report as an accident or incident.
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.
No, this type of incident is not listed on the list of incidents that require reports to the NTSB. file a Aviation Safety Report with NASA
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.
No. It does not qualify as an accident or incident.
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.
No. The damage to the aircraft in this incident does not constitute substantial damage. No serious injury occurred and damage done is excluded from accident. In fact, this incident is not even required to be reported. NTSB Part 830
What accidents and incidents are you required to report to the FAA?
None.
How can you save money on attorney fees in the drafting of an aircraft lease?
Prepare the document yourself
What legal documents are necessary components of a fractional ownership program?
Purchasing Agreement - between buyer and seller Joint agreement - buyer and owner A/C management - buyer/ owner and a/c management company Master interchange agreement - between all owners of a/c and management company
What law governs labor-management relations in the airline industry?
Railway Labor Act of 1926
If you own a private airport, what limitations can you impose on use of the airport by others?
a. Any two exceptions i. If you take federal money, you can't have any ii. If you opened for public use you can't discriminate
How does a government normally exercise its power of eminent domain?
They make an offer and if it is not taken, they go to court and decide a fair market price.
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
Title Pre-purchase inspection Check with FBO for possession liens Arranging financing Get contract fro aircraft and title insurance Get your attorney for sale
At closing of the sale
Title insurance at closing File financing statement with FAA Promisory note
Is an environmental impact study required to be completed before an airport improvement project or construction of a new airport can commence?
Yes
You are the airport manager of a city-owned public airport. The airport's development has been partially funded through federal grants. The airport authority, your boss, asks you the following questions:a.Is there any restriction on what limitations we can impose on the use of our airport?
Yes
Can a city or county government prohibit you from using your own private property as an airport or heliport? Explain.
Yes through land use zoning
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, an incident report is required to be filed with the NTSB because a runway incursion which required immediate corrective action to be taken to avoid a collision occured.
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. 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.
Yes, because any midair collision constitutes immediate notification to the NTSB.
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.
Yes, because of the two engine rule Now an accident report would be required because both engines were damaged in the accident. This would need to be reported to the NTSB as an accident.
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.
Yes, even though this does not meet the definition of an accident, any incident involving an aircraft collision in flight requires a report to the NTSB.
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.a.If you make a statement in the presence of these FAA personnel, can it be used against you in an enforcement action?
Yes, exception to Hearsay rule
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, the NTSB must be notified of this incident. Any damage to a helicopters rotor or blades that causes them to have to be replaced, even ground damage, requires a report to the NTSB.
You land on and destroy a $200,000 exotic sports car. Seeing the aircraft coming, the car's 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.
Yes, this incident caused damage to property in excess of $25,000 which requires an incident report be filed with the NTSB
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, this would require an incident report be made to the NTSB. Complete loss of information from more than 50% of an aircraft's cockpit displays requires an incident report be made to the NTSB. Here, 100% of the electronic cockpit displays failed, and it does not matter if the aircraft is in VMC or IMC.
Your company is bidding for its first federal government contract. If you are the successful bidder, will this impose additional requirements on your hiring practices? Explain.
Yes, you have to develop an affirmative action plan
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.
You are not required to notify any government agency of this event because a reportmay trigger FAA enforcement action and may provide evidence that can be used against you in related FAA enforcement cases and in civil litigation, the NTSB should be notified and written reports filed only when required by law. Also, it is notconsidered substantial damage.
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.
You are not required to notify any government agency of this event because a reportmay trigger FAA enforcement action and may provide evidence that can be used against you in related FAA enforcement cases and in civil litigation, the NTSB should be notified and written reports filed only when required by law. Also, it is notconsidered substantial damage. Plus, gear mishaps do not have to be reported.
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.
You are not required to notify any government agency of this event because it is not considered substantial damage. If the blade flew off of the engine for no reason you would have to report the incident, however, since it came off of the engine from the prop strike you do not have to report it.
A group of homeowners living near a small general aviation airport have worked themselves up into a frenzy over the noise from an aerobatic academy based at the airport. At a homeowners association meeting, one of the members says: "This is war. If those dame pilots want to make our lives miserable, we can make theirs miserable too. There's not even a fence around the airport. You can walk right up to one of those planes anytime, day or night. I'll bet that if they started having problems with flat tires and scratched paint or busted stuff, they'd move somewhere else." If the speaker or anyone else decides to follow through on the idea, what consequences do they risk? Explain.
a. Damaging a civil aircraft is a federal crime b. Large fine and long time in jail
You are an airline passenger. As you are approaching the pre-boarding security screening area, you remember that the pocketknife your late grandfather gave you when you were a kid is in the backpack you're carrying with you. If you miss the flight, you'll miss an important job interview. But you really loved your grandfather and that little old knife is precious to you, so you don't want the screeners to take it because you know you'd never get it back. The screeners don't look very organized, so you figure there's a pretty good chance they'll overlook it. What are your options? What will you do and why?
a. Get out of line and put the knife in the car, but you'd miss your flight i. Call ahead to the job interview and let them know b. Rental locker c. Ask screeners if you can mail it back to yourself (depending on the airport) d. Try and get away with it
Distinguish the primary motivation of the lessee in a lease ("lease forward") from that of the seller-lessee in a sale with leaseback.
a. In a lease, the lessee's primary motive is to use aircraft without having to purchase one b. In a leaseback, the primary motive is the sale of aircraft
What advantages do fractional ownership programs offer air travelers as compared to chartering or purchasing similar aircraft as sole owners?
a. It can be cheaper depending on how much you fly it
May employers lawfully refuse to hire a person of homosexual orientation if the person is qualified for the job?
a. It depends on the states constitution b. It is not a federal law
A construction worker has been away from home doing commercial blasting. When he finishes a job, he realizes that he has a case of dynamite left over that isn't accounted for. He could really use that to blow some stumps on his farm when he gets home, but he obviously can't take it with him on the airline. He considers shipping it via air freight, declaring it as household goods. What are the possible adverse consequences of such an act? Explain.
a. Large fine and a long time in jail
A group of local pilots are discussing airport security. One of them expresses the opinion that airline security at the local airport is as big as a joke as it was before 9/11. "It's those same morons who couldn't get a job flipping burgers, doing the same job they did before, only in different uniforms," he says. "Plus, the whole program assumes that a terrorist is just going to get in line and go through security screening like everybody else. It would be a piece of cake for a terrorist to put on a pair of blue coveralls like the ramp workers wear, slide in through that bent-up old gate down by the old hangar and walk right on to an airline without anybody challenging him. Fred, why don't you get your video camera and let's go over there and do that and get it on videotape. We'll give the tape to the TV station, and when they show that on the news, somebody will have to get serious about security at the airport." If these civic-minded citizens do as proposed what adverse legal consequences could result? Explain.
a. Large fine and a long time in jail b. Trespassing, breaching federal security: both federal crimes
An airline passenger is stuck in traffic on her way to the airport. Fearing that she'll miss her flight, it occurs to her that maybe if the airline got an anonymous threat of a bomb on the flight, that would delay the departure enough for her to catch the flight. What is her downside risk if she decides to make such a call? Explain.
a. Long time in jail and a large fine
Flying at 3,500 feet MSL over the Arctic National Wildlife Refuge in Alaska, you observe a huge herd of migrating caribou. Your passenger, a very generous tourist, asks you to descend so he can record the spectacle on video. He promises you a nice tip if you'll grant his request, and indicates that the lower you go, the bigger your bonus will be. What will you do and why?
a. Look at FARs b. Whatever you do in an aircraft, assume the worst is going to happen
What federal administrative agency has the responsibility for overseeing labor-management relations in the airline industry under that law?
a. National Mediation Board (NMB) b. Everyone else: National Labor Relations Board (NLRA)
You own and operate a private airport that is open to the public. Does the power of eminent domain allow you to condemn aviation easement over your neighbor's property for the use of aircraft coming and going from your airport? Explain.
a. No b. Private landowners do not have the power of eminent domain and therefore cannot condemn and take property of other private landowners
You are hired to manage an established FBO. Among the employees under your supervision is a salaried accounts receivable clerk whose duties include maintaining the accounts receivable ledger and routinely billing customers for aircraft rentals, flight instruction, hangar rental, tie-down rental, fuel, and maintenance. Billing is done monthly, and the clerk prefers to work 12-16 hour days a week to get the gills out, then take several days off to catch up on personal tasks before returning to work to accomplish her other duties. She was one of the company's first employees when it began doing business 15 years ago. The company has always permitted her to work this way. She has never requested or been offered overtime pay. She states that she much prefers the time off instead of money. Is this an acceptable practice? Explain.
a. No b. You cannot substitute time off for overtime pay c. Anything over 8 hours a day is considered overtime
The U.S. Navy wishes to exclude civil aircraft from certain airspace along Virginia's Atlantic coast (now designated as an MOA) in order to use the airspace for air combat maneuvering practice without participating pilots having to keep a sharp lookout for transient civilian air traffic. a. Can the Navy simply declare that airspace off limits to civil aircraft? Why? b. How can the Navy accomplish that objective? c. Will interested persons and organizations, such as the general aviation community, have an opportunity to express their opinion on the proposed airspace change? If so, how?
a. No, only FAA has airspace authority b.
If a state, county, or city government adopts a law governing aviation that conflicts with federal laws, will that state or local law be enforceable? Why?
a. No, the Supremacy Clause states that Federal law rules
A regional airline has advertised openings for aircraft dispatchers. A qualified applicant appears for a job interview in a wheelchair, having permanently lost the use of her legs as a result of a lower back injury suffered in a motorcycle accident. The interviewer, who has never really known anyone with a disability, worries that it would be more difficult for her to get to and from work and to maneuver between the desks in the office. The interviewer also believes the applicant would have difficulty handing flight documents to air crews across the dispatch office counter, which is chest-high to a standing person of average height. Besides, the interviewer feels generally uncomfortable around the person and thinks that the pilots would, too. Can the airline lawfully give hiring preference to another qualified applicant who has no disability? Explain.
a. No; just leave the disability part out of it when explaining not hiring the disabled one
May an employer lawfully give preference to a younger person over an equally qualified older person in hiring, compensation, and advancement?
a. No; you can hire the younger person, but don't bring up age difference
A uniformed law enforcement officer working in the terminal building of an airline airport, outside the secured area, notices two men who appear Middle Eastern entering a crowded airport restaurant. Both are carrying suitcases. As they pass close by him, they are conversing softly but excitedly in a language he thinks might be Arabic. They do not make eye contact with him. Can the officer legally: a. Stop the pair and question them? Explain. b. Frisk them for weapons? Explain. c. Search their bags for explosives? Explain.
a. Not based on this information; does not constitute probable cause b. Not unless he has probable cause c. Not unless he has probable cause
What is an "exempt" employee?
a. Not entitled to overtime b. Executive level c. No policy-making work
Under the Civil Rights Act, employers may not discriminate on the basis of what "protected classes"in employment and compensation?
a. Race, color, national origin, religion and sex*
You are an auto mechanic by profession and own an airplane that is certified under a standard category airworthiness certificate. You desire to install an auxiliary fuel tank in the aircraft to enable you to fly nonstop to visit your kids at college, but were stunned by your FBO's quoted price to obtain a certified tank and install it for you under an FAA Form 337. You have a fuel tank that's the right size, although it isn't FAA certified, and you know enough about fuel systems to install it and make it work. What are the possible legal consequences if you succeed?
a. This would violate an FAR to use aviation certified parts b. If its intentional, it is a crime c. Large fine and long time in jail
Describe two common uses of the power of eminent domain to solve the legal problems identified in your answer to Question 1, above.
a. US vs. Causby b. Griggs vs. Allegheny County c. Must acquire the land or get an easement
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.
a. Yes b. If the person is involved in illegal activities your insurance won't cover it and the government could cease the aircraft
A young computer hacker has figured out how to hack into the airport's computer-controlled runway and approach lighting system. He decided to show what incompetent jerks the airport's IT workers are by taking control of the system and turning off the lights from time to time when aircraft are approaching to land at night. Assuming no accident results, could this mischief lead to criminal charges? Explain.
a. Yes b. Interfering with the navigation at an airport c. Fine and long time in jail
If a government takes private property under its power of eminent domain, is it required to pay for it? If so, how much?
a. Yes b. Measured by the appraised fair market value
Can state and local governments regulate flight operations? Explain.
a. Yes, only if the rules are reasonable, non-arbitrary and non-discriminatory
As an aircraft owner and private pilot, as well as a sailing aficionado, you always like to fly over (always at a safe altitude and distance) with your closest friends as passengers to observe the annual sailing regatta put on by a local yacht club in an area under Class G (uncontrolled) airspace. The event comes around again tomorrow, and you and your passengers are especially excited, because the nightly news just reported that the president of the United States will be a participant in this year's event. Could this affect your plans? Why?
a. Yes; FAA air restrictions wherever the president goes b. Check the NOTAMs
You're an airline passenger having the worst trip of your life. You've experienced delayed and cancelled flights, been slammed around in severe turbulence and puked on by another passenger, the airline has lost your bag, and now a snotty flight attendant is refusing to serve you another drink. You feel like grabbing the flight attendant by the throat and emphatically explaining that you have reached your breaking point and it is absolutely necessary that you receive another drink right now to calm you down. Would this action be a crime? Explain.
a. Yes; Interfering with the operation of the flight attendant
Acting on a tip, law enforcement officers in a major U.S. city take into custody a person believe to be one of the perpetrators of the massacre at Lod International Airport in Israel. Does the U.S. have jurisdiction to try the suspect in U.S. courts for this crime? Explain.
a. Yes; only in aviation b. If you are suspected of committing an aviation crime and there is a warrant for your arrest, US authorities can arrest you in the US or other nations c. Supreme Court would probably ignore this case
You are a member of a flying club. One morning at the clubhouse, you overhear a conversation between a couple of the club's pilots who are about to go flying. You know the pair to be VFR-only pilots who don't file flight plans because they believe it's none of the government's business where they're flying. The two are mad that the FAA, citing reasons of national security, has recently established a Prohibited Area over a nearby nuclear power plant. Combined with existing Class B and Special Use airspace in the area, circumnavigating the new Prohibited Area will require them to deviate from the customary and preferred direct route to and from their destination, adding time and expense for the flight. "Here's what we'll do," one of them says, "We'll use this duct tape to change the one in the N-number to look like a 4, then we'll just fly on through the usual way. Hell, they ain't going to shoot us down, and even if they get our N-number, they'll be looking for the wrong airplane." If they do that, will they be risking criminal prosecution in addition to FAA enforcement action? Explain fully.
a. Yes; the falsification of a tail number is a crime b. Knowingly violating a FAR c. Large fine and long time in jail
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.
add limited commercial
After closing, but not necessarily before flight
application for a/c radio station license in new owners name pay state or use tax
What two areas of concern have been the focus of most litigation regarding airports and airspace?
noise, height of obstacles
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?
nothing
What is the difference between a lease and a leaseback?
permits someone else to use an owners aircraft buyer purchase from a seller then leases it back from him
What are the sources of the FAA's authority to regulate airspace use and flight safety?
the commerce clause
What is the power of eminent domain?
the government has the right to purchase land in jurisdiction of a airport without landowners consent
What is the police power?
the government right to adopt and enforce laws to protect the public health, safety and welfare
To whom are you required to submit a written report about the accident, and when?
written report to nearest NTSB office within 10 days after accident if able
Can a government's exercise of its police power ever lead to a situation in which the government would be required to pay compensation to a private landowner?
yes
Would there be any potential adverse legal consequences if we decide to close the airport and use the property for other purposes?
yes
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.
yes get FAA to agree not to report statements
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 its called a wet lease
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.
yes, it is still in their possession
You are an airline passenger. During pre-boarding screening, a very annoying TSA employee asks you to open your wallet. a. Is this a reasonable search? Why? b. Your immediate urge is to respond sarcastically, saying something like: "Oh, darn, that's where I hid the machine gun I was going to use to hijack the flight." What adverse legal consequences could result from such a remark?
yes. time in jail and a large fine.
