Aviation Law

The plan was a pretty simple one: We would fly up to Loar Field (83G) in southern Michigan, where my son would pick us up and we would go golfing for Father’s Day. Candidly, I enjoy the flying part a lot more than the golfing part. The real pleasure, of course, would be spending time […]

You saunter out to the mailbox expecting the usual: a utility bill or two a few pieces of junk mail, another credit-card statement that produces a mild state of depression; and, thankfully, a Victoria’s Secret catalog that at least momentarily dissipates the thought that the cost of your flight training has brought you to the […]

The FAA “Compensation or Hire” rule prohibits a pilot who is not a commercial pilot — and not operating under the FAA’s commercial operating rules — from carrying passengers or cargo for compensation or hire. In other words, if compensation is paid for a flight carrying passengers or cargo, the flight must be conducted under […]

Perhaps there are some people who have spent more time reviewing NTSB decisions over this past winter than I have. To those individuals I have some advice: Get a life! Go out to the airport. Talk to your wife. Play catch with your kids. Me, I live in northwest Ohio, which is not exactly a […]

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 […]