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:

Pham Petition for Rehearing

On May 10, 2022, the United States Court of Appeals for the District of Columbia rendered a decision in Pham v. NTSB and FAA, Case Nos. 21-1062 and 21-1083. The Court found the NTSB did not display sufficient deference to the FAA in imposing sanction. On May 20, 2022, Pham filed a Petition for Rehearing and Rehearing En Banc arguing the effect of the Court’s decision was to undermine the Pilot’s Bill of Rights. Congress, in passing the Pilots Bill of Rights, removed language from 49 USC Sec. 44709(d)(3) saying the NTSB was bound by the FAA’s policy guidance with respect to sanction.

Argument Before the 11th Circuit US Court of Appeals

The case involves the jet ban at Lantana Airport which has been stricken as unlawful by the FAA on three occasions. Arguing a case before an appellate court requires a great deal of preparation.

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.

Palm Beach requests stay on jet ban decision at Lantana Airport

On May 3, 2021, Palm Beach County (“PBC”) submitted a letter to the FAA Director of Airports requesting a stay of the FAA’s Final Agency Decision (“FAD”) requiring PBC to permit jets to operate at the Lantana Airport (KLNA). Three days after the FAA Final Agency Decision, PBC filed a Petition for Review with the United States Court of Appeals for the Eleventh Circuit.

The Continuing Saga of Lantana Air Park

Captain Errol Forman (a retired Eastern Airlines pilot) has been engaged in a struggle with Palm Beach County for nearly five years to force Palm Beach County to lift its restriction on the operation of jet aircraft at the Palm Beach County Park commonly known as...

Palm Beach County Jet Ban at Lantana Air Park Struck Down by FAA, January 13, 2021

The complaining party was Captain Errol Forman who is represented by Alan Armstrong, Esq., of Atlanta, Georgia. The FAA Associate Administrator struck down as a violation of FAA Sponsor Grant Assurance 22, the “Jet Ban” at KLNA.  The FAA has not only stricken the jet...

Alan Armstrong argues Tuscola Area Airport Authority v. Dickson before the United States Court of Appeals for the District of Columbia

On Wednesday, November 4, 2020, Alan Armstrong argued Tuscola Area Airport Authority v. Dickson, Case Nos. 19-1153, 19-1258, before the United States Court of Appeals for the District of Columbia.

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

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The National Trial Lawyers
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