Federal Aviation Regulations

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.

The FAA in an Order issued March 25, 2020, rescinded and refused to extend the exemption for the Collings Foundation to operate former military aircraft that served in World War II as part of Living History Flights.  The FAA has a policy of permitting Living History Flight Experiences.[1]  In this article, we will review and…

In an extraordinary act, the FAA has promulgated an enforcement policy notice declaring that it will not take enforcement action against airmen whose medical certificates expire from March 31, 2020 through June 30, 2020.  This policy will remain in force and effect through June 30, 2020. There are two very important items to note in…

On February 22, 2019, the FAA Director of Airport Compliance found that the jet ban implemented by Palm Beach County at Lantana Airport violated FAA Sponsor Grant Assurance No. 22 .

Drug testing is the bane of pilots and mechanics. According to 14 C.F.R. §120.107, “Each employer shall test each employee who performs a safety-sensitive function for evidence of Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines during each test required by §120.109.” Drug testing of airmen is intrusive as the airman confronts a Sample Collector who…

Flight department companies are routinely employed as subsidiaries of parent corporations or holding companies. These flight department companies, financed by the parent corporations or holding companies, own, operate and maintain aircraft, employ the flight crew, and provide air transportation to employees and guests of parent and subsidiary corporations. These operations are typically conducted under Part 91 of the Federal Avia- tion Regulations (FARs) without an air carrier certificate.

On July 9, 2010, FAA Administrator J. Randolph Babbitt issued sweeping revisions to the Federal Aviation Regulations in terms of aircraft registration.

Historically, if a pilot is accused of violating the Federal Aviation regulations, he receives a trial or hearing before an Administrative Law Judge. The judge considers the evidence and then renders a decision based upon the evidence. There is, however, a disturbing new trend at the National Transportation Safety Board. This trend is to have pilots lose their cases without ever having a hearing. This article will discuss that phenomenon.

With no supporting data and contrary to its previous findings, TSA declared general aviation was largely unregulated and presented a threat to national security. An arbitrary trigger weight of 12,500 pounds was selected by the TSA without any supporting data.