Aviation Law

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What is Inverse Condemnation?

Government has taken a property right in the landowners proper and seeking payment of just compensation (Role Reversal)

What is police power?

Governments right to adopt and enforce Laws to protect the public health, safety, and welfare

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

Hijacking and Terroism

What are the sources of the FAAs authority to regulate airspace use and flight safety?

Interstate Commerce act and the Federal Aviation Act

What advantages do fractional ownership programs offer air travelers as compared to chartering or purchasing similar aircraft as sole owners?

It can be cheaper depending on how much you fly it

Difference between lease and leaseback?

- Lease = an agreement/contract that permits someone else to use an owner's aircraft. - Leaseback = the buyer purchases the aircraft from the seller, then turns around and leases it back to the seller for the seller's use.

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

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

Describe two common uses of the power of eminent domain to solve legal problems.

1. Buying out houses in the area, and relocating them 2. Land use zoning, and noise ordinances

You are opening an aircraft repair station that will inspect, repair, and modify customer's 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?

1. Product liability insurance 2. hanger keeper unemployment 3. Airport liability policy 4. umbrella policy

How long is an airport operator bound by the restrictions of the grant agreement if federal airport development funds are accepted?

20 yrs

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 - its what you can prove.

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?

A contract carrier, like most individuals and businesses, is required to exercise the degree of care of a reasonably careful person, while a common carrier is required to exercise the highest degree of care to protect its passengers from injury

Can state and local government regulate flight operations?

A state may adopt an enforce reasonable, non-arbitrary, non-discriminatory rules as long as they don't conflict with government laws or burden interstate and/or foreign commerce.

What is fractional ownership?

A type of co-ownership in which each owner buys a percentage expected to equal its annual use

Which affords you better protection from liability losses: an exculpatory contract or adequate liability insurance?

Adequate liability insurance

How can you save money on attorney fees in the drafting of an aircraft lease?

Agreeing with the other party to as many of the details of the lease as possible before going to the attorney

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's injury?

Airline is liable until the passenger leaves the airline.

Chapter 1 You are the human resources director for a regional airline. One of your duties includes screening new pilots and maintenance personnel applying for jobs with the airline. As part of the process, your staff should check the FAA's records on each applicant's certificates, ratings, accident history, and FAR violation history. Where would they find this information?

Airman Record Branch at the FAA aeronautical center in OKC

What is a Tort?

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

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

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

You are an aircraft mechanic with airframe and powerplant (A&P) ratings. You work the night shift at a shop that does a high volume of inspection and maintenance on a wide variety of general aviation aircraft. You are awakened at home at 8:00 a.m. by a phone call from a person who identifies herself as an FAA inspector and asks: "Did you perform a left wing repair on the Cessna N7173M? b.) What else will you do? why?

Assuming that the inspector's answer to your opening question indicates a possible accident, FAR violation or other problem, consult your attorney for advice. The earlier you involve your attorney, the more cost-effective his advice can be in controlling the consequences of your mistake. Be sure to file an Aviation Safety Report form with NASA (maintenance personnel can file them, too), and mail or submit it online within 10 days of the incident

Running well ahead of schedule due to an extreme towing, a pilot employed by it in air Parcel Service decides to make an unscheduled stop at an airport along his route to pay a surprise visit to an old college friend who works for an FBO there. Taxiing too fast for conditions on the icy ramp, the pilot loses control of the aircraft, colliding with a parked aircraft owned by the FBO. Is a pilot's employer liable to the FBO for damage? Explain.

Assuming the pilot has not obtained his employers permission for the deviation, this deviation for personal purposes has all the earmarks of the pilot having "gone off on a frolic of his own," leaving him personally liable, but not his employer.

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?

Because Congress specifically provided in the FTCA that the government would not be liable for consequences of government employee's performing a discretionary function. The act only applies to employees of the government

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?

Because of the 9/11 victim compensation fund of 2001 Air Transportation Safety and System Stabilization Act of 2001

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

CAB

Distinguish U.S. Customs and Border Protection (CBP) responsibilities from those of Immigration and Customs Enforcement (ICE)

CBP enforces immigration laws at the borders while ICE is responsible for interior enforcement and for detention and removal operations

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?

Carefully check their credit rating and experience. Note their timely payments and aircraft care and maintenance. Get their records

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 repair of the aircraft? Explain.

Dont round off.

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

Except for the state of Alaska, governments may not regulate federally certificated airlines

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

FAA

What is Negligence?

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

The FAA suspended your certificate for 180 days for it and 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.

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 c. In initial discussions over the price of the equipment and installation, the customer indicates 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 equal 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

However, if for some reason the business wishes (as to accommodate a long-time good customer claiming a temporary cash shortage), it may have the aircraft owner sign a promissory note for the amount due, secured interest in the aircraft. Those documents should then be immediately filed with the FAA Aircraft Registry. It the aircraft is released without these, the lien is extinguished, but by following this procedure, the lien is preserved (although at a lower priority, behind other previously recorded security interest).

You are an engineer for an avionics company that is designing a new navigational system for civil aviation use. What organization establishes the technical specifications for radio aids to navigation? In what series of publications would you look to find these specifications?

ICAO + The Federal Aviation Regulations (FARs)

Landing at an unfamiliar airport at the conclusion of a charter flight, the crew of a business jet 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 the NTSB of the mistake? Is the operator required to file a written report of the event with the NTSB? Explain.

If they meet the req. of an air carrier.

If the FAA and its counterpart agencies in other nations were interested in collaborating to make civil aircraft certification standards globally uniform, what organization would logically coordinate that effort? Where is that organization headquartered?

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

What effect has the General Aviation Revitalization Act (GARA) had on products liability for aircraft manufacturers, repair stations, and mechanics?

It has driven up product liability insurance costs

What is a security interest?

It is a legal interest in an item of personal property that secures payment of a debt

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

The FAA issues an Order of Suspension against your certificate. L.) When do you have to stop exercising the privileges of your certificate and serve the period of suspension imposed?

L. After appeals are finished/done

Describe two common uses of the police power to solve legal problems.

Land zoning Height zoning

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

Montreal convention 1999

An agency of the U.S. government is conducting research and experimentation of methods for detecting airframe ice and conveying the information to the flight crew in a useful format. What agency would be responsible for such experimentation? If that research and experimentation leads to a new technology, what agency of the U.S. government would establish the airworthiness standards for incorporation that technology into U.S. civil aircraft?

NASA

Does the National Aeronautics and Space Admin. have any aviation responsibilities other than technological and aerodynamic research and development? If so, describe.

NASA also administers the confidential Aviation Safety Reporting Program (ASRP

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

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

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

National Mediation Board (NMB).

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

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

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

No, airlines are not permitted to use the assumption of risk defense in lawsuits brought by wounded passengers or survivors of passengers killed in an airplane disaster **SAFEST MODE OF TRANSPORTATION**

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 pre-landing 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, all of the damage listed is excluded from the definition of substantial damage and does not need to be reported.

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

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

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, by law you must have liability insurance

A general aviation manufacturer delivers a new eight-seat twin-engine FAA-certified aircraft to a buyer today. If there is a defect in the airplane when it is delivered, is the manufacturer potentially liable for injuries that may eventually be caused by that defect, no matter when the resulting harm occurs? Explain

No, it is not indefinite. There are statutes of limitations that impose limits on how long a person has, in manufacturing these are called Statutes of Repose. Under GARA there is a federal 18 year statute of repose for FAA certified general aviation aircraft having less than 20 seats. Some states also have laws surrounding this topic.

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?

No, only FAA can sue to enforce grant.

Can an airline use its tariffs to limit the airline's liability for passenger injury or death? Why?

No, only cargo.

If you own a private airport open to the public, does the power of eminent domain allow you to condemn aviation easements over your neighbors property for the use of aircraft coming and going from your airport?

No, private landowners do not have the power of eminent domain

If a state, city, or county government adopts a law governing aviation that conflicts with federal law, will that state or local law be enforceable?

No, the supremacy clause protects the federal government. The local governments can make more restrictive laws but not less restrictive.

Is the United States liable for negligence for a FAA Designee, such as an AME, DAR, DER, DMR, IA, or CDO?

No, they are not federal employees.

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, they are prohibited because that would interfere with effected damages being suffered by the insured.

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

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

A business jet operated by a corporation from Nation A crashes on approach to landing in Nation B, demolishing a number of homes and businesses and killing and injuring numerous individuals on the ground. If both Nations A and B have signed the 1952 Rome Convention, are the persons and business harmed required to prove that some act of negligence by the aircraft operator caused the crash in order to receive compensation? Explain.

No. If anything bad happens however, nation A is responsible.

A domestic passenger and an international passenger are standing side by side in the airline terminal's 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. Unless the airline is violating the standard of care, they are not liable.

An 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; intentional wrong act.

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

None

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; only applies to airline.

Will a title search at the FAA Aircraft Registry in Oklahoma City reveal all kinds of valid security interests in aircraft?

Not Unless it is filed with the FAA.

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

Other nations realized that the U.S. would emerge as the market dominator in the airline industry.

How can you tell whether a person is a domestic or an international passenger? Describe.

Printed on Ticket

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

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

NASA research relating to general aviation focuses on what areas?

Propulsion, noise and emissions improvements, new flight deck displays to improve safety, advanced metals and composites for general aviation applications, aerodynamic improvements to increase speed, capacity, and fuel efficiency.

Falsification of Documents

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

What two areas of concern have been the focus of most litigation regarding airports and airspace?

Safety is a major concern of those living near an airport, therefore, most aviation litigation in the area of airports and airspace are about (1) aircraft noise and (2) keeping the airport's approaches clear of obstacles.

What are owners of a corporation called?

Shareholders

What are the primary forms of business organization?

Sole proprietorship, general partnership, limited partnership, limited liability company (LLC), Limited liability partnership (LLP), and Corporation.

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

Someone that flies at least 50 hours but less than 200 hours annually

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.

Spouse can't sue govt. but contractor could be liable if knew about design defect or improperly built the equipment; manufacturer not liable if part built to specification and company didn't know about the defect

You are the director of maintenance for a regional airline. You are informed by one of the company's mechanics that she has just discovered that one of the company's aircraft has overflown the time it was due for performance of an FAA Airworthiness Directive (AD) by almost 100 hours. What will you do? Why?

Take immediate action to perform the AD before the aircraft flies again and report the violation to the FAA immediately (before they learn about it from another source), so that the company may be able to persuade the FAA to resolve the matter by issuance of a Letter of Correction instead of enforcement action under the provisions of the Air Carrier Reporting and Correction Program.

That agency is now included in what federal department?

The Department of Homeland Security

What federal agency and what office of that agency is responsible for screening foreign applicants to U.S. flight schools for security risks?

The Department of Homeland Security (DHS)

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

The FAA Aircraft Registry in the FAA Aeronautical Center in Oklahoma City

Describe and distinguish FAA and NASA responsibilities in regulating commercial spaceflight operations.

The FAA is responsible for regulation and licensing of commercial space launch and re-entry operations. NASA sets safety standards for spacecraft that will carry NASA astronauts, or visit any NASA destinations (ie ISS)

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

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

Which agency of the U.S. government and which office of that agency is responsible for the production of aeronautical charts?

The Federal Aviation Administration (FAA)

An agency of the U.S. government is presently experimenting with and assisting in the development of technical standards for the components of the next generation air traffic control system (NextGen). What agency is responsible for that work, and where is it being carried out?

The National Aeronautics and Space Administration (NASA)

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

The National Transportation Safety Board (NTSB)

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)

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 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 bankruptcy. Now who is in the superior position to be paid first out of the proceeds of the sale of the aircraft: the FBO or the bank? Explain.

The bank, because the FBO does not have the aircraft in hand so the bank must repossess the plane and sell it therefore they have priority.

What is the Power of Imminent Domain?

The government can take any property they want in the US so long as the property is used for a public purpose and the owners are paid fair market value.

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 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?

The person having possession of the aircraft under possessory lien for parts, labor, materials, or services has first priority and is entitled to be paid in full from the proceeds of the sale before any other lienholder. This is an example of the old adage "possession in nine-tenths of the law."

What right does the holder of a security interest have that other creditors do not?

The right to take possession of the property subject to the security interest, without first resorting to judicial process

Is the regulation of workplace safety and health conditions in the U.S. preempted (regulated exclusively by) the federal government, or do the states have a role?

The states do have some input, but most regulations are set by the federal government.

What effect has ratification of the Montreal Convention had on the volume of litigation of claims for injury to international airline passengers?

There would be little or no litigation and Less lawsuits

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

These duties include: a duty to provide workers compensation insurance and unemployment compensation insurance, to pay agreed wages and withhold payroll taxes, and to provide a safe place to work

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

Third and Fourth freedom. Passage from A to B and then passage from B to A. The DOT consults with the State Department in the approval process. permit issuance requires presidential approval.

What are "open skies" agreements?

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

You are the general manager of a fixed base operation (FBO). Your shop performed an annual inspection on a customer's airplane and released the airplane to the customer when the job was completed, but before your bill was paid. Later, the customer complained that the bill was excessive, and refused to pay it. Arriving for work one morning, you notice the airplane parked in one of the airport's transient parking spots, unattended. The thought occurs to you to tow the airplane into your hangar, lock it up, and refuse to release it until the bill is paid. Is this a prudent course of action? Explain.

This is called conversion and false imprisonment, and it is not advisable. There are two things that could happen in this case. A. You could litigate, and the shop would be required to return the aircraft and pay for the time that you were without the airplane. B. The shop has to pay you for the airplane as they have now taken possession of the asset.

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

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

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

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

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

Those who could foreseeably be harmed. All of these people are potential plaintiffs if your neglect causes injury to them or their property.

What is the primary motivation of the lessee in a lease from that of a seller-lessee in a sale with a leaseback?

To obtain the use of the aircraft without having to make the capital investment required to purchase one.

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

Transportation Security Oversight Board (TSOB)

Airlines providing international air service to the U.S. are required to transmit crew and passenger manifests electronically to what federal agency prior to departure?

U.S. Customs and Border Protection (CBP)

In the process of repairing wing damage to an aircraft, a repair station's employees reversed the aileron cables to that wing and failed to catch the error on completion of the work. When the aircraft owner picked up the airplane from the repair station, he failed to detect the discrepancy during his preflight inspection, with the result that moments after liftoff he found he had no control over the aircraft in the roll axis and crashed, destroying the airplane and seriously injuring himself. He sues the repair station for negligence. At trial, the jury finds that the proximate cause of the accident was 60% the fault of the repair station and 40% the fault of the aircraft owner/pilot (for not detecting the mis-rigging in his preflight inspection) and that the pilot's injuries (including loss of the aircraft) amount to $1,000,000. How much must the repair station pay the pilot/owner

Under the relative carelessness rule, the harms are isolated given the level of issue allocated to each party. For this situation, the maintenance station was viewed as 60% to blame, while the airplane proprietor/pilot was seen as 40% to blame. Hence, the maintenance station would be liable for 60% of the absolute harm.

If you own a private airport, what limitations can you impose on use of the airport by others?

Unless Federal Programs were accepted the owners can impose any limitations.

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 insurance

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

While the form of your business cannot protect you personally from liability for your own negligence or intentional torts, it may protect you from vicarious personal liability for torts committed by employees of the business

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

With employees, you must withhold income taxes, pay Social Security, Medicare taxes, and unemployment taxes on all wages paid to employees. None of that happens with independent contractors

Approaching an airport to land, at about 1,000 feet above ground level (AGL), an airliner suddenly rolled inverted, entered a vertical dive, and dove straight into the ground. There were no survivors. The NTSB is unable to determine the probable cause of the crash. Is there any way for survivors of their passengers who were killed to prevail in litigation? If so, against whom? Explain.

YES, depends on the theory of liability. RES IPSA LOQUITUR (facts speak for themselves)

If you are involved in an aircraft accident causing injuries to other people or damage to their property and you are convicted of an FAR violation in connection with that accident, will that conviction have any effect on the outcome of a civil lawsuit against you for negligence? Explain

YES. if the FAR that you violated was intended to prevent this type of accident and the violation was a cause of the accident, then you would be found negligent as a matter of law. (negligence per se).

Can a mixture of domestic and international passengers be on the same flight?

Yes

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?

Yes

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

Yes

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 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.

Yes If the person is involved in illegal activities your insurance won't cover it and the government could cease the aircraft

If a government takes private proper under its power of eminent domain, it required to pay for it?

Yes, Condemnation- Just compensation - appraised fair market value

Can a city or county government prohibit you from using your own private property as an airport or heliport?

Yes, If it affects public safety, and through use zoning that excludes aircraft landing

Are there any states in which exculpatory contracts are void and unenforceable as a matter of law? If so, where?

Yes, New York

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.

Can a government 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, if height zoning deminished the value of the property.

While maneuvering on an aircraft parking ramp, a line service attendant accidentally strikes a parked and unoccupied 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 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, the prudent FBO, mechanic, or repair station will not release an aircraft after it has been worked on, stored, or fueled unless first paid by credit card, cash, or certified funds (a certified or cashier's check).

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, they must make it to the terminal first.

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.

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

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

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

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

Chapter 3 You have failed the color-vision test during your examination for an aviation medical certificate. Is there another procedure by which you may still be able to obtain an aviation medical certificate? If so, explain?

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

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, your purpose of use has changed You'll need to add limited commercial

The treaty (discussed above) providing for reciprocal air service is now in effect. The other nation wishes to designate its new national airline to provide a portion of the service under that agreement. Does the U.S. government have any say whether that airline will be permitted to provide that service to the U.S.? If so, how?

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

You are an aircraft broker specializing in airline-size jets. A customer contacts you, indicating that he is the chief executive officer of an international cattle-breeding operation based 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 that 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?

You will be making an implied warranty of fitness for a particular purpose and implied warranty of merchantability.

If the FAA issues an Emergency Order of Suspension or Revocation against your certificate, how will the procedure differ from that described in your answer to Question 7?

Your certificate will be physically surrendered and remain invalid during the entire appeals process.

a. "Roger" ATC. Not required to call

Chapter 2 You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." a. What will you reply? Why? b. What do you intend to do once you arrive at your destination? Why? c. After landing, you are tying down the aircraft when a person approaches and asks: "FAA. Are you the pilot of this aircraft?" What will you reply? What will you do? Why? d. The FAA inspector then asks for medical cert. and airworthiness + aircraft registration. What will you say? What will you do?

a. "Roger" ATC. Not required to call b. Leave quietly; no calling c. Ask for ID; only speak with attorney d. "present" certificates only, never surrender them e.

a. "Why do you ask?" Unlike the pilots in the preceding questions, you may have no idea why this inspector is calling you. Take this opportunity to find out, without responding to whatever he may tell you. Then, say something like: "Inspector, I feel that it would be prudent for me to consult with my attorney before answering your questions. If you'll give me your phone number I'll get back in touch with you as soon as I've had the opportunity to talk with my attorney.

You were the pilot of an aircraft that crashed, injuring passengers. a. You receive a Summons and Complaint in a civil suit brought by one of the passengers who alleges that your negligence caused the crash, seeking a judgment against you for hundreds of thousands of dollars in damages for that passenger's injuries. What should you do? When? Why?

a. Contact your attorney. 21 days to do so. Contact insurer if ensured

What legal documents are necessary components of a fractional ownership program?

a. Contract of Sale b. Agreement between parties c. Aircraft management agreement d. Master Interchange Agreement

You hold in unexpired aviation medical certificate when you experience a health problem. a.) Describe the complete and analytical process by which you will determine whether or not it is legal for you to continue to act as a pilot or other required flight crew member.

a. Go through the FAAs list of questions about health and the 14 disqualifying conditions. If you answer YES, then it is not legal to fly. IF the answer is NO, ask yourself if the medication can affect judgment, vision, alertness, sense of balance and so on.

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. If changed it will not cover, review policy you may need additional coverage. b. They must be qualified. c. Yes, chances are you'll need extra coverage.Review geographical boundaries. d. Need to upgrade product liability.Increase state of value policy. e. no f. No longer need lien holder.g. Cancel insurance once sale is final.

a. If you've been diagnosed with a heart attack, you would generally be considered unfit to act as a pilot until you can demonstrate that you meet the FAA's medical standards. Even if you feel fine later, it is not advisable to resume flying without proper evaluation and clearance from an FAA-authorized aviation medical examiner.

a. Incident to military service Government cannot be held liable for am comb activity- foreign country-claim out of combat activity-person incident in military service-discretionary function-intentional torts

You are operating a commercial civilian air combat maneuvering school. Because you have found the cost of aircraft liability insurance for these operations prohibitive, you are having each customer of your $500 "fighter pilot for a day" program sign an exculpatory contract. A sharp, mature, and robust local high school football star has received a gift certificate for your course as a seventeenth-birthday present from his parents. a. If he signs your exculpatory contract, will that protect you and your business from a lawsuit in the event that he is injured? b. Are there any other measures you can take to strengthen the legal effect of his exculpatory contract? c. What will you do, and why?

a. No, he is a minor b. Have his parents sign for him c. Don't let minors do the activity

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 for the event of a total loss? Why? d. Will a policy containing an 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 b. All risk. It covers anything that might happen. c. Stated Value - so I get paid what the aircraft cost d. No - Fars are sweeping in scope and more than likely a violation can be discovered. If so - no pay e. Yes, through hull coverage with the leader as the loss payee

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. Investigate/If found guilty - cancel your policy b. Yes, it will cost more now, if you can get it

You are the pilot in command of a light twin arriving VFR on a cross-country flight with radar flight following in an unfamiliar area. VMC prevail, though visibility is marginal at 3 to 5 miles. ATC advises you that your destination airport, an uncontrolled field, is "12 o'clock and ten miles." Moments later, you see an airport straight ahead with the expected runway orientation, report the airport in sight, and land. Then you realize you've landed at the wrong airport and that your destination is several miles beyond this one. a.) What will you do and why?

a. Leave ASAP

A catering truck rolls into a parked airliner, damaging the 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 there is no intention to fly. b.Maybe, call NTSB office

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

a. No

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?

a. No b. Wet lease: you lease an aircraft and provide a pilot

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 have any legal recourse for this problem? Explain

a. No b. Yes, inverse condemnation, loss of property value.

Your aviation medical exam reveals evidence of coronary artery disease. Your aviation medical examiner denies your application for an aviation medical certificate a. Do you now have a right to an aviation medical certificate?

a. No, cause you have a history of this kind of problem

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 crankshaft. 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

a. No, damage to a wingtip is excluded from the definition of substantial damage. b. No, damage to landing gear is excluded from the definition of substantial damage c. No, damage to propeller is excluded from the definition of substantial damage. d. No, damage to only a single engine is is excluded from the definition of substantial damage e. Maybe, depends on the length of hospitalization

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. 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, 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. b. 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.

a. Can the city legally impose a policy that will not permit the establishment of a second FBO under any circumstances? Why

a. No, needs to keep open market. There is an economic exception. Terms of grant - reasonable competition

You are camped beside you 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 is 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?

a. No.

Flying your personal single-engine airplane non-commercially, you experience an in-flight engine failure 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'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.

a. No. It does not qualify as an accident or incident. b. excess of $25,000 which requires an incident report be filed with the NTSB

What authority, if any, does the NLRB have over labor relations in: a. The Airline industry b. Aerospace manufacturing c. General Aviation

a. None b. Yes they do, by supervising union organizing efforts and elections, and rules on unfair labor practice claims c. Yes they do, by supervising union organizing efforts and elections, and rules on unfair labor practice claims

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. Nothing b. Immediately contact nearest NTSB field office by most expeditious means c. written report to nearest NTSB office within 10 days after accident if able

You're suffering from what you think is a bad cold and are taking a cold remedy. a.) How can you tell if it is legal for you to fly while you're taking that medication? b.) Even if it is technically legal for you to fly, is it prudent? Why?

a. Read the label/package that came with medication to determine if it may affect vision, alertness, judgment, or sense of balance. If in doubt call your physician for advice. If YES, CFR 14 says to refrain from acting as a pilot while using medication and Wait until medication is out of system to return flying. b. Do not fly, if it would be unwise. There still might be side effects. CFR 14 says to not act as a pilot when taking medication.

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 a 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.

a. Strict liability - in chain of commerce. Yes, seller has risk

Chapter 2, Question 2. a. What will you respond to ATC? Why? b. if you were expecting to encounter turbulence or updrafts that might make altitude holding difficult while traversing this area of bad weather, what would you have doe before reaching the area to give yourself more vertical maneuvering room. c. as a result of the altitude deviation, what actions will you take after landing

a. Tell ATC the truth while still maintaining your descent b. Tell ATC unable with that altitude and to give you a altitude suitable. c. Consult with my attorney because airplane stopped and actions of historical events should be deferred until i receive advice from my attorney

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.

a. The ATC is liable cause they were distracted potential airline pilots for not paying attention. b. By applying comparative negligence law the court can determine what was directly or indirectly

You receive a Notice of Proposed Certificate Action signed by an FAA attorney notifying you that the FAA believes you have violated one or more FARs and intends to suspend your certification for 180 days. A form is attached that offers you the opportunity for an informal conference with the FAA attorney. a.) What is the Purpose of an Informal Conference?

a. The purpose of an informal conference is to try to reach a settlement agreement. You have the opportunity to explain the violations, although informal, it is all on professional matters.

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

a. The sales price usually becomes non-negotiable b. They show how it can make money monthly, but it is not guaranteed

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? b. Would there be any potential adverse legal consequences if we decide to close the airport and use the property for other purposes?

a. Yes - reasonable govt authority as long as they don't violate terms of the grant. b. Need to follow grant conditions.

a. Do you have any legal recourse against the airport operator? Explain.

a. Yes - tort of nuisance. File lawsuit

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 to be 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, assuming it is properly written. b. No, resident spouse is not part of the contract

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 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, exception to Hearsay rule b. yes get FAA to agree not to report statements

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?

a. Yes- up to 95% under AIP(airport improvement program)

You are arrested for an alcohol or drug-related traffic offense. a. Are you required to report the arrest to the FAA? If so, to whom and when?

a. Yes. You must report the arrest to the FAA Civil Aviation Security Division within sixty days after the conviction. You are required to make this report even if you aren't flying or if you don't even have a medical certificate. As long as you hold a pilot certificate, you must report this.

a. kind of a grey area it really depends how credible the emergency was. If there was a beach of better place to put the balloon down. Yes, You have committed trespassing because you did not have permission to land from the landowner.

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 fightinge. A full-service FBO f. A corporate jetg. A sport plane for personal recreational acrobatic flying g. Special use 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. limited commercial b. Commercial except instruction or rental c. Commercial except instruction or rental d. Special Uses e. Commercial f. Industrial aid g. special use h. Limited commercial i. Pleasure and business j. Except instruction or rental k. not covered l. Special use m. Special use Limited commercial

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.

a. not an accident but an incident

In a corporation, a. What decisions do shareholders have the right to make? b. What decisions do the board of directors typically make? c. What decisions do corporate officers typically make?

a. they elect the executive board b. they delegate tasks and make big decisions c. they run the day-to-day operations

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

a. yes to NTSB ALJ

What is an airline tariff?

agreement between the airline and the passenger

Can an airline use its tariffs to limit its potential liability to passengers or shippers? If so, describe.

airline may in its tariff set a dollar limit on its liability for the loss or destruction of passenger baggage or shipped cargo.

What is a discretionary function? What other kind of exercise of judgment is there? Distinguish.

an action that involves room for policy judgement of negligence of a wrongful conduct

What is an exculpatory contract?

an agreement not to sue for death

The FAA issues an Order of Suspension against your certificate. b.) Who will hear the "trial" of your appeal against an Order of Suspension the and make the initial decision?

b. ALJ

You were the pilot of an aircraft that crashed, injuring passengers. b. At trial, how will the jury (none of whom will be pilots or have any aviation expertise) determine whether you were negligent?

b. Evidence presented through witnesses. Expert witness will be present and will explain their creds. and explain the situation to the joury.

b. 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?

b. Govt can use police power to prevent this.

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." b. What do you intend to do once you arrive at your destination? Why?

b. Leave quietly; no calling

b. NO, The FAA cannot use statements you make at the informal conference to prove its case against you at a subsequent NTSB hearing on appeal. If, however, you tell a different story when you testify in your defense at the NTSB appeal hearing than you told at the informal conference, the FAA attorney can bring out your prior inconsistent statement for the purpose of impeaching your credibility

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. 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.

b. No, the landing gear is not a flight control system and therefore does not need to be report as an accident or incident.

You hold in unexpired aviation medical certificate when you experience a health problem. b.) Are you required to report a change in your health to the FAA?

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

You are camped beside you 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 is 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. b. What would be the prudent thing to do about your aircraft insurance coverage before taking off from the lake? Why?

b. Purchase additional coverage for the "ferry flight"

b. Your new house is one of many in a large new subdivision adjacent to this airport. The aerial applicator who owns the airport would rather not engage the adjacent landowners in a long and expensive legal battle with uncertain consequences. What might the aerial applicator consider doing to alleviate conflict with the neighbors?

b. Quieter aircraft, restrict flight hours.

b. If the city imposes such a policy, what recourse is available to the proponent of the second FBO?

b. Yes, FAA can go into court for FBO saying airport isn't complying with AIP.

b. Yes, also trespassing, need permission from the landowner first.

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. 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

b. 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.

b. Yes, you are typically required to report any medical condition that may affect your ability to operate an aircraft safely to the FAA. This includes the diagnosis of a heart attack by a foreign doctor. You should report this to the FAA through the FAA MedXPress system and provide all relevant medical documentation.

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 a 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. 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

b. Yes. If partnership, they are personally liable. If corporation, they are not personally liable.

Your aviation medical exam reveals evidence of coronary artery disease. Your aviation medical examiner denies your application for an aviation medical certificate b. Is there a procedure by which you may obtain aviation medical certification? If so, describe.

b. convince Federal Air Surgeon, who has discretionary authority, to issue a Special Issuance Certificate via the Special Issuance process

You are arrested for an alcohol or drug-related traffic offense. b. If the arrest leads to your conviction of a drug or alcohol-related traffic offense, are you required to report the conviction to the FAA? If so, to whom and when?

b. must report within 60 days to the Aviation Medical Examiner

You have inadvertently violated an FAR. b.) 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.

b. no; 10 day rule

b. you pay or you lose your certificate if you don't pay

c. The entire area in the vicinity of this airfield has become prime real estate for residential development. How may this affect the aerial applicator's ability to remain in operation at this location? Explain.

c. As value of property goes up, land tax will increase, so it is more feasible to sell land.

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." c. After landing, you are tying down the aircraft when a person approaches and asks: "FAA. Are you the pilot of this aircraft?" What will you reply? What will you do? Why?

c. Ask for ID; only speak with attorney

You are a pilot for a U.S. airline, flying international routes. On a layover in a third world country, you experience crushing chest pain and become violently ill. You are taken to a crude local medical clinic, where the doctor tells you that you suffered from a heart attack. The next morning, you feel fine, so you are convinced the doctors diagnosis was in error. The doctor, however, adamantly stands by his diagnosis c. When you return to the U.S., you undergo a through cardiovascular evaluation. At the conclusion of the testing, the cardiologist explains to you that a heart attack results from something blocking on of the coronary arteries that supply oxygenated blood to the heart muscle, causing the portion of the muscle, causing the portion of the muscle, causing the portion of the muscle that is deprived of its blood supply to die. Physicians refer to this as a "myocardial infraction" and the trust

c. If the FAA denies your application or revokes your medical certificate, there is typically an appeal process available. You can request a reconsideration of the FAA's decision. This may involve providing additional medical evidence, consulting with an FAA-authorized aviation medical examiner (AME), or even obtaining a second opinion from a different specialist.

You are arrested for an alcohol or drug-related traffic offense. c. If the arrest leads to the suspension or revocation of your drivers license, are you required to report that administrative action to the FAA? If so, to whom and when?

c. Must report immediately to the FAA

The FAA issues an Order of Suspension against your certificate. c.) Do you have the right to a jury trial at any point in an appeal from an FAA certificate action?

c. No, administrative hearing

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. 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.

c. No, this type of incident is not listed on the list of incidents that require reports to the NTSB.

c. What can be done to control the noise of aircraft using the airport?

c. Noise abatement, restricting flight paths and time of flight.

c. The FAA will go ahead and issue an Order of Suspension or Revocation, as originally proposed.

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. 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.

c. Yes, because of the two engine ruleNow 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.

c. Yes, by cocking and pointing the shotgun at them, he has committed an intentional tort. (If in Florida, this is perfectly legal) this is about conversion

You hold in unexpired aviation medical certificate when you experience a health problem. c. Are there any events that might occur in your life that you are required to report to the FAA prior to your next aviation medical exam? If so, describe

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

You were the pilot of an aircraft that crashed, injuring passengers. c. Will your attorney have the opportunity to find out what the other side intends to prove, and how, before trial? If so, describe. If you win the case, who will have to pay your attorney's fee? Who will have to pay them if you lose? Explain

c. You can attach discovery and a deposition.

c. There is only one car rental agency at the airport. It has also been on the airport for a long time and the airport authority feels very protective toward its owners. Someone applies for permission to open a competing car rental agency on the airport. Would it be a violation of the airport's federal grant agreement for the airport authority to prohibit a second car rental agency on the airport? Explain

c. no, not an aeronautical activity and not governed by a grant agreement.

c. suspension or revocation of certificate

You have inadvertently violated an FAR. c.) If the faa finds out about the violation what difference will it make if you have filed an aviation safety report with Nasa.

c. you can get immunity from sanction for a far violation.

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." d. The FAA inspector then asks for medical cert. and airworthiness + aircraft registration. What will you say? What will you do?

d. "present" certificates only, never surrender them

d. 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?

d. Create land use zoning developers can refer to.

You were the pilot of an aircraft that crashed, injuring passengers. d. If you win the case, who will have to pay your attorney's fees? who will have to pay them if you lose? explain.

d. Each side pays their own fees. Both sides can agree to an amount or both disagree. Must be better than 10%.

The FAA issues an Order of Suspension against your certificate. d.) Who has the burden of proof at the hearing? Must your guilt be proven beyond a reasonable doubt?

d. Faa by preponderance of evidence

You hold in unexpired aviation medical certificate when you experience a health problem. d. If your condition would disqualify you from acting as a pilot or required flight crewmember, are you required to surrender your aviation medical certificate to the FAA?

d. No, you just have to stop flying

You have inadvertently violated an FAR. d.) What are the disadvantages of filing an aviation safety report with nasa

d. None

You are arrested for an alcohol or drug-related traffic offense. d. Because this is your first offense, your attorney is able to negotiate a settlement agreement whereby your case will be dismissed with no conviction, so long as you attend an approved driver's educaiton or drug or alcohol rehab program and have no further drug or alcohol-related arrests within the next year. Are you required to report it to the FAA? If so, to whom and when?

d. Yes

d. Yes, somewhat since you did not plan for a possible change in wind direction

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

degree of control you have over worker

You are a commercial balloon pilot in the business of flying couples on romantic champagne balloon flights. One morning, while aloft on such a flight over a picturesque valley of farms and vineyards, the wind suddenly shifts direction and begins to increase, carrying the balloon toward the nearby ocean. Rather than risk being swept out to sea, you quickly descend and land in a vineyard. e. Do you have any legal defense that might keep you from having to pay for the damage to the grapevines (which can be very expensive)?

e. Have the defense of the sudden emergency doctrine: the law recognizes that the stresses imposed by a sudden onset of an inflight emergency situation may interfere with human decision making.

You hold in unexpired aviation medical certificate when you experience a health problem. e. If your condition would disqualify you from acting as a pilot or required flight crewmember, are you required to surrender your aviation medical certificate to the FAA?

e. No, just stop flying.

The FAA issues an Order of Suspension against your certificate. e.) If, after hearing the evidence, the judge feels that the FAA is being too solft on you, does the judge have the authority to impose a longer period of suspension than the FAA has ordered or to order revocation of your certificate instead of suspension?

e. No, the judge can only lessen punishment

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." e.) The inspector, who is now holding your documents, states: "I'm going to need to take these back to the office to make some copies. If you'll give the address where you're staying, I'll have them returned to you in a couple of hours." What will you say? What will you do? Why?

e. Object

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

e. Yes, you must comply. You are responsible for all the costs involved.

You have inadvertently violated an FAR. e.) May you be able to qualify for remidal training instead of suspension or revocation of your pilot certificate? Why?

e. yes because you admit you did something wrong

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's 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.

excess liability coverage because that kicks in when you have exhausted the normal policy limits.

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?

exculpatory contract or become a corporation

You are a commercial balloon pilot in the business of flying couples on romantic champagne balloon flights. One morning, while aloft on such a flight over a picturesque valley of farms and vineyards, the wind suddenly shifts direction and begins to increase, carrying the balloon toward the nearby ocean. Rather than risk being swept out to sea, you quickly descend and land in a vineyard. f. You are holding the magnum of champagne. Just as a member of your ground crew distracts the landowner, it occurs to you that you could just bop the old fool over the head with the champagne bottle, take away his shotgun, and be on your way without further hassle. What will you do? Why?

f. No, the landowner may have seen the plate number on the truck or may have told someone about you landing in the vineyard and If you strike him you will have committed Battery and will be arrested.

You are arrested for an alcohol or drug-related traffic offense. f. What are the possible legal consequences to you, if any, if you fail to promptly comply with the FAA's request?

f. Suspension or revocation of certificate(s)

The FAA issues an Order of Suspension against your certificate. f.) Does the judge have the authority to change the suspension to a fine

f. Yes, the judge can lessen the punishment

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." f.) The inspector ignores your response and heads for the parking lot with your documents. What will you do? Why?

f. holler, yell, takes pictures

Why is it important to keep the corporation's money and other assets clearly separated from your own?

for the IRS, so they know what is a personal possession and a company asset.

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. g.) Now the inspector turns nice, almost apologetic, saying: "Look, I think that you're blowing this way way of proportion. We received an incident report and I have to investigate it. The sooner I get your answers to a few questions, the sooner I can complete my report and close the file on this. Now, where did you just fly this airplane in from." Is the inspector lying to you about closing the file? What will you reply? Why?

g. no statement, see attorney

The FAA issues an Order of Suspension against your certificate. g.) Can the judge's initial decision be appealed further? If so, by whom and to whom?

g. yes to full NTSB

How does a government normally exercise its power of eminent domain?

government must pay the landowner just compensation. If a price cannot be agreed upon, the government files a condemnation lawsuit.

The FAA issues an Order of Suspension against your certificate. h.) Will you get a new hearing at that next level of appeal to the full NTSB?

h. No

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." h.) The inspector departs. Are there any actions that you have not taken but should? If so, describe each and state the reason for it

h. see attorney

The FAA issues an Order of Suspension against your certificate. i.) Can the full NTSB's decision be appealed further? If so, be whom and to whom?

i. District Court or Court of Appeals (District court added by Pilots Bill of Rights)

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." i.) A few days later, you receive a phone call from a person who identifies himself as an FAA inspector and inquires: "I've been assigned to investigate a report that you flew through Restricted Area R-2505 over by Nellis Air Force Base without permission. What can you tell me about that?" What will you reply? Why?

i. No statement

What is subrogation, and how can renter pilots be protected against it?

is the right of an insurance company who paid a claim to sue anyone other than the insured who contributed to the cause of an accident. renter pilots can be protected by purchasing a wavier of subrogation endorsement.

The FAA issues an Order of Suspension against your certificate. j.) Will you get a new trial on that appeal?

j. No

You are flying a private aircraft from Salt Lake City, Utah to LA, under VFR. Over the Mojave Desert, you contact Los Angeles Center and request radar flight following to the Camarillo Airport. Center assigns you a transponder code with instructions to "squawk ident" and a moment later the pleasant sounding controller advises you: "Radar contact 3 miles north of the Mojave Airport. We had a report that you may have entered restricted airspace, so please give us a 213-666-1234 when you get on the ground." j.) Three weeks later, you receive a letter from the FAA inspector. Are you required to respond to this letter? If you do, can your response be used as evidence to suspend or revoke your pilot certificate? What will you do now? Why?

j. No, you aren't required to respond; yes, it could be used as evidence against you

The FAA issues an Order of Suspension against your certificate. k.) Can the decison on that appeal be appealed any further?

k. yes Supreme Court but extremely rare

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.

negligence of government employees who are acting within the scope of their employment with the federal government if a private employer would be liable for that employees torts under the same circumstances

If the flight in Question 14 is not a charter but a non-commercial corporate flight department operation, is the operator required to notify the NTSB of the mistake? Is the operator required to file a written report of the event with the NTSB? Explain.

no, not an air carrier

When you receive your aircraft insurance policy, what should you do with it?

read it and double check it.

You have just moved into a new house in the country. At first light, your sleep is disturbed by loud engine noises and voices. Peering out the window, you see on the property adjacent to yours a crew loading a crop-spraying aircraft, which takes off, sprays an insecticide on a nearby field, and returns for reloading. This continues throughout the morning. When you inquire about what is going on, the crew advises you that the land is zoned as a private airport, and that the operation has been in business in this location for over 50 years, and that they "ain't going no place." They further advise you that this is the first day of their crop-spraying season and you can expect this activity every day from first light until last light, weather permitting, until mid-October.

tort of nuisance; File lawsuit

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.

unlike employees of the private sector individual federal employees are protected from personal liability for consequences of on the job negligence

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?

yes, because the government is liable for its employees under the FTCA

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

Aviation Law

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