Legal Niches

Will A Non-Alcohol/Non-Drug Related Felony Prevent An Airman From Being Issued A Medical Certificate?

Posted on March 03, 2011
I was asked that very question by a client this morning. The lawyerly, and probably not completely satisfying, answer is "not necessarily." When you fill out your FAA Medical Application, not only are you required to disclose drug and alcohol related arrests and convictions in response to Question 18(v), but you are also required to disclose any other misdemeanor or felony convictions in response to Question 18(w)...

Aircraft Maintenance Records: What You Write Matters

Posted on January 06, 2011
If you repair or perform service on an aircraft, you are responsible for making a record of that work. Depending upon whether you are the aircraft owner or a mechanic, those records could include logbook entries, work cards, estimates, work orders and invoices...

NTSB Opinions And Orders Never Tell The Full Story

Posted on November 02, 2010
When you read an opinion or order issued by the NTSB, you usually receive a basic explanation of the facts (e.g. who did what, when they did it, etc.) and then the Board addresses the legal issues. However, the factual explanation is usually limited to those facts that have a direct bearing on the Board's decision...

FAA Revises Its Dosing Interval Standard

Posted on October 11, 2010
According to the latest edition of the Federal Air Surgeon's Medical Bulletin, the FAA has revised the dosing interval standard (the time between taking medicine with known side effects until going flying) to reflect a longer waiting time. The standard has been increased from two to five dosing intervals...

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TSA Clarifies/Updates "Recurrent Training" Requirements For Alien Flight Training

Posted on September 16, 2010
In a recent Interpretation, the TSA clarified the activities that are not considered recurrent training. As a result, alien flight training students will now be able to receive the following types of flight training without having to first submit to a Category 4 Security Threat Assessment ("STA"): Instrument Proficiency Check; Heads Up Display (HUD) Training; Enhanced Vision System (EVS) Qualification; Line Oriented Flight Training (LOFT); Operator Specific Proficiency Checks; Landing Currency; Category I / II Qualification; Special Airport Qualifications; Examiner Training; and Differences Training The Interpretation is based upon the TSA's determination that these types of flight training "are not described as recurrent training in Federal Aviation Administration (FAA) regulations; they are not training, rather they are checks or tests; or they do not affect the validity of the certificate(s) and/or the qualifications of a type rating...

Pilot Sentenced To 8 Months In Jail For Crashing Ultralight While Drunk

Posted on July 01, 2010
According to an AP Article, the pilot of an ultralight aircraft was sentenced to 8 months in jail for crashing his ultralight aircraft into a lake while he was drunk. The accident occurred a year ago on Gull Lake in northern Minnesota. The pilot's passenger in the ultralight was injured...

Pilot Of Crashed Ultralight Arrested For Flying While Intoxicated

Posted on June 03, 2010
According to a recent article, a Minnesota ultralight pilot was arrested after he crashed his ultralight into a lake. The police suspected that the pilot was operating the aircraft while under the influence of alcohol. Under Minnesota Statute 360.752 a pilot convicted of operating an aircraft while under the influence of alcohol is guilty of a gross misdemeanor and could be subject to imprisonment and payment of a fine...

Compliance With The Voluntary Disclosure Reporting Program Can Protect An Air Carrier Employee's Certificate

Posted on May 07, 2010
As you may know, certificate holders (e.g. Part 121, 135 and 145, to name a few) can take advantage of the the Voluntary Disclosure Reporting Program ("VDRP") to avoid enforcement action when a qualifying regulatory violation has occurred. However, what about an employee of the certificate holder? Well, according to a D...

FAA Extends Relief To U.S. Military Personnel Serving Outside The U.S.

Posted on March 04, 2010
The FAA today published a Direct Final Rule replacing Special Federal Aviation Regulation 100-1 (SFAR 100-1), with SFAR 100-2 that will: allow Flight Standards District Offices (FSDOs) to continue to accept expired flight instructor certificates and inspection authorizations for renewals from U...

NTSB Adds Aircraft Accident/Incident Notification And Reporting Requirements

Posted on January 07, 2010
The NTSB today published a Final Rule that amends its regulations concerning notification and reporting requirements for aircraft accidents or incidents. The Final Rule codifies the amendments that were originally proposed in an October 7, 2008 Notice of Proposed Rulemaking...

Equity Will Not Save An Airman From Dismissal Of A Late-Filed Appeal

Posted on December 01, 2009
In a recent case, Administrator v. Gallaway, the FAA issued an emergency order revoking the airman's private pilot certificate. The airman filed an appeal of the FAA's order with the NTSB over a week after it was due. The FAA then moved to dismiss the appeal based upon the untimely filing...

FAA Engine And Propeller Directorate Announces Two New Advisory Circulars

Posted on September 02, 2009
Today the FAA's Engine and Propeller Directorate published announcements in the Federal Register regarding two new advisory circulars. The first, Advisory Circular (AC) 33.70-1, Guidance Material for Aircraft Engine Life-limited Parts Requirements, was actually issued on July 31, 2009...

Sharing The Cost Of Flight

Posted on August 03, 2009
These days, flying isn't cheap. Many private pilots are looking for ways to minimize the cost of their flying. One of the ways a private pilot may reduce the cost of a particular flight is to share the expense of the flight with his or her passenger(s)...

FAA Issues Carburetor Icing SAIB

Posted on July 03, 2009
On June 30, 2009, the FAA issued Special Airworthiness Information Bulletin CE-09-35 "to inform pilots of the potential hazards associated with carburetor icing." The SAIB observes that the rate of accidents attributed to carburetor icing has remained steady over the years despite efforts by the FAA, AOPA and others to raise awareness...

TSA Revises Airport Security Directive SD-8G To Address Transient Operations

Posted on June 03, 2009
If you fly into an airport that has Part 121 air carrier service and that is not your home-base, you should be aware of the TSA's Airport Security Directive SD-8G. Although the directive has not been made publicly available (because the TSA considers it to be sensitive security information), the TSA reported in an e-mail the impact of SD-8G on transient pilot operations when it became effective June 1, 2009...

Consequences of an Unauthorized TFR or DC ADIZ Incursion

Posted on May 27, 2009
If you are wondering what happens to a pilot after he or she is "caught" entering the DC ADIZ or a TFR without authorization, other than the obvious media hype that follows, a recent NTSB opinion deals with that very situation. For a discussion of the case and some of the things to keep in mind following an unauthorized incursion, please read my latest article on the subject here.

NATA Establishes Hotline For Reporting "Illegal Charter"

Posted on February 03, 2009
According to a recent FAA Notice, the National Air Transportation Association (NATA) has set up a toll-free Hotline, funded by a grant from the FAA, for people to use in reporting suspected illegal commercial activity where an aircraft operator without an FAA Part 135 certificate is accepting compensation for transportation, in violation of both FAA and Department of Transportation regulations...

Student Pilot's Passenger Carrying Flight Results In Revocation Of Certificate

Posted on January 15, 2009
In a recent opinion, Administrator v. Giannola, the NTSB affirmed the FAA's revocation of a student pilot's combined student pilot/third-class medical certificate for carrying a passenger on a flight. The FAA initiated the enforcement case after it discovered that the student pilot carried his wife along on a flight in which he was acting as pilot-in-command ("PIC")...

Keeping The FAA Up-To-Date

Posted on November 25, 2008
If you hold an airman certificate, the FAA wants to know where you live. To accomplish this goal, the FAA, through the Federal Aviation Regulations, requires that airmen notify the FAA when they change their permanent mailing address. For more information on how to do this and the potential consequences for failure to comply with this requirement, please read my latest article on the topic here.

Are You Current/Legal To Carry Passengers?

Posted on September 04, 2008
If you fly a variety of aircraft, you may think you are current/legal to carry passengers when, perhaps, you really are not. One of my clients recently had to deal with this very issue. To determine whether you are current/legal to carry passengers, you first need to start with FAR 61...

Airmen Arguing Evidentiary Errors On Appeal To NTSB Must Show Prejudice

Posted on June 04, 2008
In a recent NTSB opinion, Administrator v. Lackey, anairman was charged with violations of FARs 91.7(a) (aircraft must be in an airworthy condition), 91.9(a) and (b)(1) (aircraft must be operated with flight manual and in conformity with operating limitations), 39...

International Flight With The "Pink Copy" Of The Aircraft Registration Application?

Posted on May 14, 2008
A pilot who recently acquired a new Cessna 206 on floats asked me whether he could fly the aircraft into Canada while he was still operating using the "pink copy" of the aircraft registration application. The short, but incomplete, answer is "no". In order to operate a U...

NTSB Wants To Include Unmanned Aircraft In Accident/Incident Reporting Requirements

Posted on April 03, 2008
According to a Notice of Proposed Rulemaking ("NPRM") published yesterday, the NTSB is proposing to amend 49 C.F.R. 830 concerning notification and reporting requirements with regard to aircraft accidents or incidents to require reporting of an "unmanned aircraft accident...

FAA Proposes Changes To Aircraft Registration

Posted on March 03, 2008
The FAA issued a Notice of Proposed Rulemaking ("NPRM") on February 28, 2008 proposing significant changes to its aircraft registration requirements. As with all NPRMs, it is merely a proposal at this point in time and is not a final regulation. However, the proposed changes will affect current aircraft owners, as well as future aircraft transactions...

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