STRUCTURING AIRCRAFT FLIGHT DEPARTMENTS

Involved in structuring operations of aircraft (particularly turbine aircraft) to avoid pitfalls presented by FAA claims of illegal air taxi operations. Extensive experience in structuring time share, interchange, joint ownership and aircraft lease agreements.

You know, all things aviation are NOT the same as they are in the part of the world that never leaves the ground. So many people make the mistake of creating aircraft businesses without taking into account the FAA Regulations. If a company is deemed to be an illegal 135, an illegal air taxi operation, the penalty can be as high as $44,000.00 per flight. This will impact your bottom line. This could potentially put you out of business. So, the idea here is not to get on the internet and take the advice of someone holding himself out as an expert who doesn’t know the FAA from the FBI.

When talking about structuring a time share, you have to consider several things, i.e., who is paying the pilot, how is aircraft ownership structured, is the Time Share Agreement proper, etc. Definitely NOT like leasing a car.

Read Alan’s articles on Structuring Aircraft Flight Departments:

An Airman’s Manifesto and Petition

As certificated airmen, we hold these facts and conclusions that follow to be self-evident:

An airman’s certificate is a property or liberty interest that cannot be suspended or revoked without affording the airman due process of law including notice and an opportunity for a hearing. See, e.g., White v. Franklin, 637 F.Supp. 601, 610-611 (N.D. Miss. 1986) (“In the present case, plaintiff’s license qualifies as a protectable property interest. ***In the present case, the defendants’ actions totally foreclosed the plaintiff’s opportunity to pursue his career as a flight examiner…As such, the plaintiff possessed a liberty interest requiring a Fifth Amendment due process hearing prior to deprivation.”), Tamura v. Federal Aviation

Importance of Airport Noise Studies

It is the FAA public policy to maintain public airports as part of a national transportation system. In conflict with this policy, many local governments fail to enact or enforce airport zoning ordinances. As a result, public airports throughout the United States now neighbor growing residential communities. Inevitably, private home owners are filing noise complaints concerning airport use.

FAA Abandons Appeal in Failed Prosecution of Counterfeit Aircraft Parts Case

The Federal Aviation Administration withdrew its appeal from an Initial Decision of Judge Stephen R. Woody of the National Transportation Safety Board exonerating an airman from charges that he had put into service counterfeit aircraft parts.

FAA Misses the Mark with New Rules on Flight And Duty

In Section 2010 of the Safety Act, the FAA was directed by Congress to promulgate new flight and duty time rules “based on the best available scientific information …to address problems relating to pilot fatigue.” Id.§212(a)(l ). The FAA ignored the Congressional mandate, promulgated new rules in the form of Part117 of the Federal Aviation Regulations, but left cargo pilots subject to the old provisions of Part 121 based upon a “cost versus benefit analysis.”

PBR’s and Airmen’s Right to Silence

The author’s purpose in writing this article is to refine and expand our thoughts about the meaning of Section 2(b) of the Pilot’s Bill of Rights, Pub. L. 112-153, August 3, 2012, 126 Stat. 1159 (hereinafter the “PBR”).

Drones into the NAS

American Government, both State and Federal, is in chaos as it seeks to contain the explosion of unmanned aerial vehicles (UAVs/drones) being flown by inexperienced and untrained operators.

Appeal to NTSB after SAC Card revocation

In this article we will review whether an order revoking or rescinding a Statement Of Acrobatic Competency “SAC Card” can be appealed to the National Transportation Safety Board contrary to the requirements of FAA Order 8900.1 mandating an appeal to AFS-800

FAA Revises CVR Requirements

In 1988, the FAA promulgated 14 C.F.R. §135.151(a) which provides: No person may operate a multiengine, turbine-powered airplane or rotorcraft having a passenger seating configuration of six or more and for which two pilots are required by certification or operating rules unless it is equipped with an approved cockpit voice recorder (CVR)

NOTE: This section does not cover everything there is to know about Aircraft Flight Departments.

E. Alan Armstrong
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