Aviation Law

It was a typical pre-9/11 afternoon as we approached White Plains.New York Tracon handed us off to White Plains Tower and the controllers were issuing their usual rapid-fire instructions to the arriving mass of airline, regional, business and general aviation aircraft.The frequency was so congested that most of the arriving aircraft were unable to read […]

A new FAA rule, set for implementation in late 2002, will have a major impact on business aviation. Part 91 of the Federal Aviation Regulations (FAR) will be amended to add the new “Subpart K.” Subpart K will distinguish fractional ownership programs from other traditional business aircraft ownership arrangements. The new rule will not affect […]

Far beyond the criminal and national security ramifications of the September 11 terrorist attacks are the legal liability issues. And, of course, Congress managed to further confuse matters when it passed a law providing relief to the airlines, including liability limitations. AVweb’s Phil Kolczynski examines the current state of the law and what impact, if […]

Almost everyone in the aviation industry — even those so fortunate enough to own and fly their own aircraft — travels on the airlines as a passenger from time to time. Suppose you are killed in an airline disaster. Will your family collect millions of dollars? Will it matter if the flight is international? Should […]

Mention “product liability” to most aviation professionals and you’ll almost surely provoke a torrent of comments about frivolous lawsuits and gold-digging passengers claiming emotional distress over some minor incident. In reality, the key issue in most product liability lawsuits is whether the accident was pilot-caused, machine-caused, or some combination — or as a lawyer might […]

Introduction — By Phil Kolczynski “Enforcement Survival School” is like finding yourself in Jurassic Park. I’ll let you guess who the dinosaurs are. In Jurassic Park I, a.k.a., “Enforcement Survival School, Part 1,” the lawyer was devoured by “T-REX” right off the “john.” At least, he left the legacy of the “Duct Tape Defense.” In […]

Okay, so far, you’ve followed our advice in Part One of this series: You found a lawyer, used the “Duct Tape Defense,” and managed to keep from incriminating yourself. You’re only getting started, though. At some point you’ll need to rip the tape from your mouth and tell your story. When that time comes you’ll […]

Introduction — Eric Jaderborg While I was working as an FAA inspector, every piece of advice I gave — written or oral — came with an elaborate disclaimer. When I left the agency I thought the need for such measures had passed. Phil, however, suggests that the need has just begun, to wit: DISCLAIMER: The […]

Late last year, a decision was handed down by the first federal appellate court to interpret the General Aviation Revitalization Act of 1994 (GARA), which immunized general aviation manufacturers for defects in aircraft or component parts older than 18 years. The Ninth Circuit Court of Appeals sitting in southern California carved a hole in GARA […]

As anyone who closely followed the saga of the FAA’s certificate action against airshow star R.A. “Bob” Hoover during the 1990s would imagine, the “Hoover Bill” amends the appeal provisions of 49 U.S.C. 44709 (Amendments, modifications, suspensions, and revocations of certificates) to allow a certificate holder to obtain interim review of an FAA emergency revocation […]