Aviation Law

Imagine a case where the prosecutor can interpret ambiguous regulations in the middle of the trial and the judge is bound by that prosecutor’s interpretation. Even worse, what if the appellate court is also bound to give deference to the prosecutor’s ad hoc interpretations?1 You say that this cannot happen in the U.S. legal system? […]

On July 13, 1999, the Florida State Attorney’s Office brought criminal charges against SabreTech, Inc. because of the 1996 ValuJet DC-9 disaster. The state prosecutor’s charges include 110 counts of third-degree murder and manslaughter under Florida law against SabreTech, Inc. Apparently no state criminal charges have been filed against any of the executives or employees […]

Interview with the FAA’s Chief Counseland Deputy Chief Counsel This is an edited transcript of meeting held August 17, 1999, at FAA Headquarters in Washington DC. Representing the FAA were Chief Counsel Nicholas Garaufis, Deputy Chief Counsel James Whitlow, and Eliot Brenner from FAA Public Affairs. Representing AVweb were Editor-In-Chief Mike Busch, Executive Editor Jeb […]

On a blustery winter day near the ocean inKitty Hawk, North Carolina, the first aviation accident investigation of a poweredfixed-wing aircraft took place. It happened right after the first powered flight. ButWilbur and Orville Wright had a plan. With that plan they investigated and they learnedand their second flight was a little longer. And the […]

Homebuilts: The New GA Market Homebuilt Litigation Growing Are Homebuilts Covered By GARA? Creation of a Homebuilt Aircraft Who Has  Liability Exposure? Defense #1: Modification Defense #2: Pilot Error Common Homebuilt Myths Exculpatory Agreements “Boilerplate” Disclaimers Conclusion Do you have a dream? Do you: If you pursue this dream, you will probably do so as […]

Airline passengers injured or killed in “operational” airline accidents have always been able to successfully sue the airlines if they had proof of airline negligence. However, Airline defense lawyers have frequently persuaded courts that the Airline Deregulation Act of 1978 (ADA) “preempted” state law tort claims for injuries resulting from the airline’s “services.” Thus, claims […]

43xD.a Each person performing an annual or 100 hour inspection shall, before that inspection, remove or open all necessary inspection plates, access doors, fairing, and cowling. He shall thoroughly clean the aircraft and aircraft engine. 43xD.b Each person performing an annual or 100 hour inspection shall inspect (where applicable) the following components of the fuselage […]

Dr. Schroeder did more than most purchasers to plan his purchase carefully. He bought from a knowledgeable and impressive seller who specialized in Beechcraft. He insured that a fresh annual inspection would be performed before he purchased the aircraft. He flight tested the aircraft before buying it He brought along a mechanic to check the […]

I often receive inquiries from prospective clients who wish to own an aircraft and yet avoid personal liability in the event of an air crash. Here are some of the things they ask about: Like many legal issues these questions do not lend themselves to simple yes or no answers. The solution varies depending on […]

The FAA has issued Bulletin No. 98-1 (dated February 10, 1998) announcing a new enforcement program that will allow FSDO inspectors to issue “tickets” for flight violations. The FAA will use Form 2150-7 which they call an “Administrative Action” — I call it a “ticket.” The inspector will decide on the spot whether the ticket […]