Legal Niches
Aviation Law Discussions 

Legal issues affecting the aviation industry.
Post Frequency: 0.1/day Last Entry: September 02, 2009 at 13:17:00 Recent Entries: 13
By Reigel & Associates, Ltd.
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FAA Engine And Propeller Directorate Announces Two New Advisory Circulars
Posted on September 02, 2009Today 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, 2009These 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, 2009On 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, 2009If 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, 2009If 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, 2009According 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, 2009In 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, 2008If 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, 2008If 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, 2008In 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, 2008A 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, 2008According 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, 2008The 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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