Services
Aviation Law Expertise
So long ago and far, far away, Alan started to really learn the FAA regulations and all things related to aviation. He can quote the regulations to you backwards and forwards. He IS your go to for all things aviation related.
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.
Claims Against Operators of Public Use Airports
Ninety percent of the funds employed in developing, maintaining or repairing public use airports typically are provided by the FAA, with the airport owner/sponsor agreeing to honor FAA Sponsor Grant Assurances. Alan has extensive experience in both Part 16 formal complaints and Part 13 informal complaints to address violations of the FAA Sponsor Grant Assurances.
Air Crash Litigation
Prosecuting claims for injuries and wrongful death arising out of air crash litigation. Considerable experience in pursuing claims of product liability against aircraft/component manufacturers. Litigation against FAA certified repair stations for improper repairs resulting in post maintenance crashes.
Aircraft Acquisitions & Sales
Drafting and negotiating aircraft purchase agreements with consideration given to sales and use tax implications of the transaction, 1031 tax free exchanges, and the host of other issues that are presented in aircraft sales and purchases.
Airman Enforcement & Certificate Actions
Litigation before the National Transportation Safety and appeals to the United States Circuit Courts of Appeal of revocation and suspension actions taken against airmen by the Federal Aviation Administration.
Drug Testing Cliff Notes for Pilots
- You have the right to request the Sample Collector provide his or her identification. 49 C.F.R. §40.61(d).
- The Sample Collector is required to explain the collection procedures including showing you the instructions on the back of the Custody Control Form (CCF). 49 C.F.R. §40.61(e).
- One you enter the collection site, the testing process should commence without undue delay. 49 C.F.R. §40.61(b).
- The Sample Collector must instruct you to wash and dry your hands before the testing commences. 49 C.F.R. §40.63(b).
- Collector must tell you that you cannot wash your hands again until after delivring the specimen. 49 C.F.R. §40.63(d).
- Either you or the Collector or both of you must unwrap or break the seal of the collection container; provided the seal of the specimen bottle should be unbroken at that time. 49 C.F.R. §40.63(d).
- Collector is required to tell you that you (1) must provide a 45mL sample of urine, (2) not to flush the toilet, and (3) to return the specimen to the Collector as soon as the voiding process has been completed.C.F.R. §40.63(d).
- Generally, the Collector is not allowed to go into the restroom with you. C.F.R. §40.63(d)(1).
- Collector may set a reasonable time for the voiding. C.F.R. §40.63(d)(2)
- Remain at the drug testing facility until the drug testing process is complete. Until then, do not leave the drug testing facility. C.F.R. §40.191(a)(2).
- While hair testing samples may be admissible in evidence, because hair testing may not reveal a single instance of illicit drug use, the judge may give more weight to the urine test than the hair sample test. Administrator v, Taylor, supra.
- If the airman can demonstrate that the Sample Collector failed to follow proper protocols and procedures, the Court may consider the drug test results unreliable allowing the airman to prevail. Petersen v. Hinson, supra.
- In the event you observe irregularities in the testing process, make a note of them and keep them for future reference. Petersen v. Hinson, supra.
A Trusted Name In Aviation Law
For 35 years Alan Armstrong has been practicing aviation law in Atlanta, Georgia. Mr. Armstrong has written over one hundred articles on aviation law published in professional journals and periodicals. He is AV rated and listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers.
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FEATURED ON
"If we could only find some way to have them [the Chinese] drop some bombs on Tokyo."
Most Recently on FlightWatch
NTSB and FAA drug test error
Can a pilot be sanctioned for refusing a drug test when the technician administering it fails to follow the rules? On Monday, December 13, 2021, the United States Court of Appeals for the District of Columbia will hear oral arguments in Pham v. National Transportation Safety Board and the Federal Aviation Administration.
Judicial deference and the futility of litigating civil penalty cases
In the sphere of administrative law that pertains to aviation litigation, due process is a commodity in very short supply. In fact, the notion of “administrative law” is an oxymoron because of the dearth of due process available in the administrative arena.
Alan Armstrong on CBS on deadly P210 crash
Interview with Crystal Bui of CBS-46 on October 21, 2021, about the crash of a Cessna P210 aircraft at the DeKalb Peachtree Airport on October. 8, 2021.
