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Title:
Aviation Law Principles Checklist
Topic:
Aviation Law Considerations for Ownership and Operation an Aircraft
Date and Time:
Saturday, January 28, 2017, starting at 10:00 Pacific Standard Time Download Calendar File
Speaker(s):
David Voyles, Attorney at Law
Brief Description:

The purpose of this seminar is to provide owners and operators of aircraft with a summary of the main concepts in aviation law that are pertinent to those who are active in the general aviation and business aviation communities.

Select Number:
NM0173348
Location of Seminar:
Regal Air Maintenance/Crown Avionics
10300 E Perimeter Rd

Everett, WA 98204
Directions to Venue:

From I-5, take the 128th St (exit #186), go west on 128th St for approx. 2 miles to Hwy 99, 128th St SW becomes Airport Rd, stay on Airport Rd to Minuteman Rd, turn Left onto Minuteman Rd and go approximately 100 feet, turn right on E Perimeter Rd. Follow E Perimeter Rd to Regal/Crown Avionics on the eastside of Paine Field or continue on Airport Rd to the Paine Field entrance, turn Left onto 100th St SW and go to the first turn left and follow E Perimeter Rd to the parking lot next to Regal/Crown Avionics on the eastside of Paine Field.


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Fly-in Seminar?:
Yes  PAE
Seating:
60 seats at the facility, 40 remaining for online registration.
Registration Information:
Seminar has passed.
Sponsoring Division:
FAA Safety Team
Contact Information:
Chuck Smith (Regal Air)
Phone: (425) 353-9123
chuck.smith@regalair.com
Additional Event Information & Acknowledgement of Industry Sponsor(s):

The FAA Safety Team expresses our thanks to Regal Air for supplying the venue for this seminar and their continuous support of the  FAA Safety Programs.

Aviation Law Considerations for Ownership and Operation of Aircraft

The purpose of this handout is to provide owners, operators, and pilots with a one-page summary of the main concepts in aviation law that are pertinent to those who are active in the general aviation and business aviation communities. It is not necessarily an exhaustive list, and there are other considerations that may come into play, depending on the scope of operations specific to that owner or operator. But the intent of this list is to provide a basic checklist for occasional reference when auditing ones’ own flight operations to make sure that the flight is safe and legal.

  1. Sources of Aviation Law: What gives federal, state, and local governments authority to regulate the operation and maintenance of aircraft?
    1. U.S. Constitution:  Commerce Clause
    2. 49 U.S.C. Subtitle VII ¾ Aviation Programs (§§  40101-50105)
    3. 14 CFR ¾ Aeronautics and Space
    4. State and local governments, and taxing authority
  2. Obligations of Owners and OperatorsWhat are the basic duties of owners and operators?
    1. Common law (negligence (e.g., violation of a FAR), strict product liability (e.g., builders of experimental aircraft), contract-based (exculpatory contracts)
    2. Statutory/regulatory:  (E.g., 18 U.S.C. § 38 (fraud involving aircraft parts); FARs, etc.)
  3. Aircraft Ownership: What are the types of authority for using an aircraft, and how does an Airman get the right to use an aircraft?
    1. Qualifications to own an N-registered aircraft, and “citizenship” requirements:  49 U.S.C. § 44102.
    2. Should you own your Aircraft in an LLC?
    3. Purchasing:  FAA Form 8050-1 (Aircraft Registration Statement), FAA Form 8050-2 (Bill of Sale)
    4. Leasing:  FAR § 91.23
    5. Secured interests:
    6. FAA Form 8050-98 (Aircraft Security Agreement) International Registry
    7. State law liens
    8. Co-ownership  arrangements:      Partnerships;   LLC’s   and   corporations;   Fractionals,  FAR   91,  Subpart K
  4. InsuranceWhat types of insurance should an owner/operator have in place?
    1. Parties in insurance:  (i) Insurer; (ii) insured; (iii) underwriter; (iv) aviation manager/claims manager.
    2. Principles:  Spreading risk, Minimizing risk.
    3. Coverage types: (i) Hull coverage (for injury to the aircraft); (ii) Liability coverage (injury to others); (iii) war- risk; (iv) hangar-keeper; (v) product liability; (vi) pre-paid legal service.
    4. Included in the hull (aircraft) policy: (i) pleasure & business; (ii) industrial aid; (iii) limited commercial; (iv) commercial except instruction or rental (or “full commercial”); (v) special use.
    5. Subrogation and “waiver of subrogration.”
  5. Types of OperationsWhat are all the ways in which aircraft can be operated?
    1. FAR Part 91, commercial operations, cost-sharing operations, certificated carrier operations.
    2. Special operations (FAR Part 91, Subpart D).
    3. Interplay with other federal regulations (e.g., FAR Part 91.321 and Federal Election Commission regulations)
  6. Accident and Incident ReportingWhen must an owner or operator inform the FAA or NTSB of an event?
    1. NTSB, 49 C.F.R. Part 830
    2. Aviation Safety Reporting System:  “NASA Report”
  7. FAA Enforcement Proceedings: What powers does the FAA have to deny and Airman the right to exercise the privileges of the certificate held, and what are the proceedings like?
    1. Ramp checks; presentation of certificates and log-books
    2. Initiation: (i) Letter of Investigation; (ii) Notice of Proposed Certificate Action or Civil Penalty; (iii) Order of Suspension, Revocation, or Civil Penalty
    3. Informal conference
    4. Appeal:  (i) NTSB Administrative Law Judge; (ii) Appeal to Full Board; (iii) US District Court
    5. Pilots’ Bill of Rights

 

Equal Access Information:
The FAA Safety Team (FAASTeam) is committed to providing equal access to this meeting/event for all participants. If you need alternative formats or services because of a disability, please communicate your request as soon as possible with the person in the “Contact Information” area of the meeting/event notice. Note that two weeks is usually required to arrange services.
Credit Applicability:
1 Credit for Basic Knowledge Topic 3
FAASTeam Project Information:
Seattle FAASTeam
National Project:
WINGS
Additional Event Documents: