Author: Mark Kolber

Aircraft Timesharing between a Company and its Dealers

The FAA spends many regulatory pages (and significant enforcement activity) differentiating between private, noncommercial operations under 14 C.F.R. Part 91 and commercial operations under Part 119 (operating certificates generally) and related regulations, including Parts 135 (charter and air taxi) and

NTSB: Falsification Cases Require Specific Findings

In FAA v. El Khoury and Abbassi (NTSB, 8/2/2016), the FAA revoked pilot and instructor certificates alleging falsification of a student’s logbook. To summarize briefly, the FAA claimed El Khoury, who was not a CFI, provided training to a student and

“Inadvertent” in the ASRS/NASA Reporting Rules is just “Plain Vanilla” English

As most pilots know, the FAA and NASA have a joint program to enhance aviation safety. The Aviation Safety Reporting System asks pilots and other users of the air traffic system to voluntarily report safety issues. In exchange, the FAA

Landing on runway closed for construction is careless and reckless

The pilot in FAA v Lane landed at Louisiana Regional Airport (L38) despite a NOTAM the runway was closed for construction, big yellow X’s over the numbers and barricades on the runway. The FAA ordered a 60-day pilot certificate suspension

FAA: Digitally-Signed Aircraft Registration Documents

The FAA today announced a new policy on accepting digitally-signed aircraft registration documents. The notice, appearing in the 4/20/2016 Federal Register ( states, effective May 1, 2016 the FAA Civil Aircraft Registry “will accept printed duplicates of electronic documents that

FAA Issues New Guidance on Enforcement

Many pilots and lawyers representing pilots have been concerned with what they see as an over-emphasis on punishment as opposed to correction by the FAA. A number of us practicing in the field have begun to notice a relaxation of this

DC Circuit Reverses NTSB on Application of Stale Complaint Rule.

In a factually interesting case involving lack of credentials and falsification of logbook entries, on June 30, 2015, the DC Circuit Court of Appeals reversed an NTSB order dismissing the FAA’s emergency revocation of a pilot certificate on “stale complaint”

August 13, 2014 FAA Opinion: No Go on Website Matching Private Pilots with Passengers

In 2011, the FAA Chief Counsel’s office issued the Haberkorn opinion letter, generally expanding a private pilot’s ability to share expenses with passengers without running afoul of the rules against engaging in commercial activities. For decades, the exception for shared expenses has

Loan Officer Error in Describing Lien Position Not Breach of Fiduciary Duty

In a June 12, 2014 decision, the North Carolina Supreme Court held a loan officer’s erroneous statements about the priority of another lien (1) did not give rise to a breach of fiduciary duty claim, and (2) did not give

Sophisticated Guarantor May Waive Lender’s Good Faith Foreclosure Bid Obligations

Colorado’s C.R.S. §38-38-106(6) requires a bank to bid at least its good faith estimate of the property’s fair market value at foreclosure (if not bidding the full amount due). The purpose is to protect borrowers and guarantors from excessive deficiency