Category: Aviation

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

Posted in Aviation

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

Posted in Aviation

“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

Posted in Aviation

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

Posted in Aviation

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 (http://1.usa.gov/1WdQXsx) states, effective May 1, 2016 the FAA Civil Aircraft Registry “will accept printed duplicates of electronic documents that

Posted in Aviation, Banking

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

Posted in Aviation

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”

Posted in Aviation

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

Posted in Aviation

Renter Pilot Responsibility for Airworthiness

This is a brief review of the responsibility of a renter pilot for aircraft airworthiness violations. It was prepared for general information purposes only, may not apply to a specific set of circumstances and cannot be relied upon as legal

Posted in Aviation

FAA Draft Revision of AC 120-78 – Electronic Signatures, Recordkeeping and Manuals

The Federal Aviation Administration recently issued a draft revision of AC 120-78 clarifying and expanding its guidance on the use of electronic recordkeeping in various flight and maintenance operations. The AC continues its requirement for FAA approval or acceptance of

Posted in Aviation