Lessons: Aviation Law
This lesson discusses the statutory basis for aviation accident investigations. The discussion centers around case studies of two aviation accident investigations. A comparison is drawn between federal statutes and regulations enabling aviation accident investigations and civil actions of the same cases. Specifically, why does the federal government investigate aviation accidents rather than states? What statutes guide accident investigations? What is the objective of accident investigations? What is the relationship, if any, of civil litigation and accident investigations?
The lesson contains a number of questions and exercises to help the student synthesize the content presented. The lesson was produced during the inaugural class of The Legal Environment of Aviation taught by Professor John Sabel, J.D., at Embry-Riddle Aeronautical University.
The lesson is an independent effort of the author and does not represent an official opinion of the National Transportation Safety Board.
SUGGESTED USES OF THIS LESSON Faculty can use this lesson to point out how administrative agencies function. The lesson also provides a background to legal details related to aviation and terminology thereof.
This lesson covers the role of the Federal Aviation Administration (FAA) in enforcing the Federal Aviation Regulations (FAR), known formally as Title 14 Code of Federal Regulations (14 CFR). Title 14 CFR has numerous parts that are organized by category of operation; that is, categories include: pilots and instructors, aircraft operators, aircraft manufacturers, and space transportation.
The Federal Communications Commission (FCC) is not normally associated with aviation jurisdiction other than perhaps the issuance of radiotelephone station/operator licenses. However, the FCC is an independent Federal Agency which has been entitled by Congress to regulate and enforce a broad range of aviation matters. This lesson was created as a primer for the aviation law student or a refresher for the legal professional working in the aviation field. At the completion of this lesson the student should be knowledgeable of the scope and authority of FCC jurisdiction in aviation matters.
(Any interpretations or opinions presented in this lesson represent those of the author alone)
The General Aviation Revitalization Act of 1994 (GARA) has reshaped the landscape of tort law in American, non-commercial aviation. This lesson provides an overview of the statute of repose under GARA as well as some of the defining case law and limitations of the Act.
Please note that the opinions and views expressed in this lesson are solely those of the author.
This lesson discusses 49 U.S.C. sec. 46504, providing for civil and criminal penalties for passengers who intimidate pilots or flight attendants.
