Reigel Law Firm, Ltd.
921 Mainstreet, Hopkins, MN, 55343
Tel (952) 238-1060 Fax (952) 238-1099
Email: info@aerolegalservices.com


Follow ReigelLaw on Twitter
 
[Top Background]
Aviation Law Discussions Subscribe XML

A site devoted to aviation law, safety and security.

July 24, 2013

"Watch This" Will Usually Be Followed By Something Bad Happening

On occasion, I have represented airmen in enforcement actions that arose out of what I like to refer to as a "watch this" maneuvers (usually something less than safe to impress someone else and often a violation of the FAR's). Examples of "watch this" maneuvers include low passes over people or property on the ground when unnecessary for takeoff or landing, performing aerobatic maneuvers in an aircraft that is not approved for aerobatics, intentionally dropping something from an aircraft, and engaging in other inappropriate conduct while flying an aircraft.

As you might guess, the FAA takes a very dim view of this type of conduct. And, not surprisingly, the sanctions sought by the FAA in the enforcement actions that invariably arise from these situations can be pretty severe (think suspensions of 180 days or more and, in extreme cases, revocation of the airman's certificate).

You might be wondering, "how does the FAA find out"? Well, many times the "watch this" maneuver is witnessed by people on the ground. In other instances, the "watch this" maneuver results in an accident, incident or other event whose occurrence gets the FAA's attention. And once the FAA knows about it, the airman is along for the ride.

The moral of the story: No matter how much you may be tempted to do a "watch this" maneuver, don't do it. The suspension or revocation that may follow, or the accident or incident that may result, are simply not worth the pleasure you may receive. When the "watch this" urge strikes, please, resist the temptation.

Posted by Greg

July 22, 2013

An Aircraft Insurance Policy Is A Contract

When an aircraft insurance policy is issued, it represents a contract between you and your insurance company. The policy contains terms and conditions with which you, the insured, agree to comply. In exchange, your insurance company, the insurer, agrees to provide you with coverage. If you fail to comply with your obligations under the policy, that may be considered a breach. And if a claim arises while you are in breach, you may find yourself without coverage.

Unfortunately, many pilots and aircraft owners do not read their policies and may not be aware of their contractual obligations under the policy. This has come back to bite some insureds. To avoid this risk, a thorough review of the policy is both prudent and recommended. After all, how else will you know what your obligations are under the policy/contract if you don't ever read it?

You should begin your review with the Data Page or Declaration Page and then work your way through the policy. If you don't understand something, ask your agent or an aviation attorney familiar with aircraft insurance policies to explain. No, an aircraft insurance policy is not the most interesting reading. However, it is important that you understand your obligations under the policy. If you would like more information regarding aircraft insurance policies, please read my article My Policy Says What?!: Understanding An Aircraft Insurance Policy.



Posted by Greg

July 19, 2013

What Do I Have To Show The FAA Inspector During A Ramp Check?

During the course of a ramp check, the FAA inspector will ask to inspect/review a number of items. Here are some of the items you may need to produce during, or at some point shortly after, the ramp check:
  • Airman Certificate;

  • Current Medical Certificate;

  • U.S. Government Issued Photo ID;

  • Pilot Logbook or other documentation proving your currency for your intended flight;

  • Charts etc. current and appropriate for your intended flight;

  • Aircraft Registration;

  • Airworthiness Certificate;

  • Aircraft Operating Handbook or Flight manual, or Operating Limitations if the aircraft is a homebuilt aircraft;

  • Aircraft weight and balance information; and

  • Aircraft Logbooks.

Most pilots will never find themselves in a ramp check, due to the minimal manpower the FAA has available for ramp checks. However, if you find yourself in a ramp check, it is survivable. For a more detailed discussion about ramp checks, please read my article Surviving The Ramp Check.

Posted by Greg

July 17, 2013

January-Issued Aircraft Certificate Re-Registration Deadline Approaches

If you own an aircraft that was registered in the month of January of any year before October 1, 2010, your aircraft must be re-registered by September 30, 2013. You should submit your re-registration application as soon as possible since you won't be able to operate your aircraft legally after September 30, 2013 unless you have received your new registration certificate. Online re-registrations will be accepted until July 31, 2013. After that, you will need to submit your re-registration application to the FAA via mail. Online re-registration applications may be submitted here by entering the aircraft's N-number and re-registration code to begin the process, or you may submit a written re-registration application to the FAA via mail.

For a discussion of the FAA's re-registration requirements, please read my article Understanding The FAA's New Aircraft Re-Registration And Renewal Requirements. Additionally, the FAA has a Frequently Asked Questions page regarding re-registration which you can view here.

Posted by Greg

July 12, 2013

Who Can Return An Aircraft To Service On Behalf Of A Repair Station?

When a repair station completes work on an aircraft and wants to return that aircraft to service, we all know that someone has to sign the aircraft's logbook. But "who" is required to sign has been a confusing issue (at least it has been confusing for some FAA personnel). Fortunately, the FAA's Office of the Chief Counsel answered that question and set the FAA personnel straight in a recent legal interpretation. For an answer to the question and a discussion of the interpretation please read my latest article on the topic: Who Can Return An Aircraft To Service On Behalf Of A Repair Station.

Posted by Greg

July 10, 2013

What Are An Airman's Options After The FAA Denies A Medical Application Based Upon A Disqualifying Condition?

When an airman is denied a medical based upon an admitted disqualifying condition, an appeal will, in almost all cases, be unsuccessful. In that situation, the airman has the burden of proving that the airman is qualified to hold a medical certificate. That's a tough thing to accomplish if the airman has already admitted that he or she has a disqualifying condition.

If an airman is denied based upon a disqualifying condition, but the airman believes he or she is otherwise qualified, the airman should request that the FAA grant a special issuance medical certificate. A special issuance is a medical certificate that has limitations and/or conditions with which the airman must comply in order for the certificate to be valid. The conditions/limitations will often include regular testing or evaluation, test results within acceptable ranges, no changes in medication etc.

If the FAA refuses to grant an airman's request for a special issuance, the airman may appeal that denial to the NTSB. However, since the Board defers to the FAA's discretion in denying a special issuance, the only way to be successful is to show that the FAA's denial is arbitrary or capricious. For example, if a denied airman can prove that the FAA has granted a special issuance in circumstances that are very similar to or identical with those of the airman, then an ALJ may be convinced that the FAA's denial in the airman's case is arbitrary or capricious. As a practical matter, however, this can be a very difficult task.

If you have a medical condition that may disqualify you from obtaining a medical certificate, get help before you apply for your medical certificate. Talk to an aviation attorney or the medical certification professionals at AOPA or NBAA. By taking a pro-active approach and getting help, you will be able to "pick your battles" wisely to maximize your chances of successfully obtaining a medical certificate.



Posted by Greg

July 02, 2013

Aircraft Loan Documents: What To Expect

If you are financing the purchase of an aircraft, you know, or at least you should know, that the lender will have a number of documents for you to sign before it advances the funds. The loan documents typically associated with a basic aircraft finance transaction and required by a lender include a promissory note, aircraft security agreement, guaranty/pledge and authorization.

A promissory note contains the terms of the loan (e.g. amount, repayment schedule, interest rate etc.) and the borrower’s promise to repay the loan according to those terms. It also provides the lender with remedies if the borrower does not fulfill its obligations under the promissory note.

The aircraft security agreement pledges the aircraft as security for the promissory note. If the borrower fails to repay the promissory note, the lender will have the right to take possession of the aircraft. Once it has regained possession, the lender is able to sell or otherwise dispose of the aircraft to recover as much of the outstanding loan balance as possible. If the lender is able to sell the aircraft for more than is owed, the excess is paid to the borrower. However, after the lender offsets the amount received from sale against the outstanding balance and the lender’s costs/fees incurred in repossessing and selling the aircraft, it is unusual for an excess balance to exist.

For transactions in which the loan is being guaranteed by someone other than the borrower, that individual or business will need to execute a guaranty that obligates the guarantor to repay the loan in the event that the borrower defaults. If the borrower or any guarantor is a corporation or limited liability company, the lender will require that an appropriate official of the entity execute an authorization representing that the person executing the documents on behalf of the entity is authorized to sign and bind that entity.

Most lenders will have standard or form documents they use in aircraft finance transactions. However, depending upon the lender, the financial position of the borrower, the relationship of the borrower with the lender, and the amount of the loan, many of the terms in the loan documents may be negotiable. And it never hurts to have an aviation attorney review the documents on your behalf and negotiate any changes that may be required to protect your interests.



Posted by Greg

Aviation Law Discussions - Archives

12/01/2003 - 12/31/2003
01/01/2004 - 01/31/2004
02/01/2004 - 02/29/2004
03/01/2004 - 03/31/2004
04/01/2004 - 04/30/2004
05/01/2004 - 05/31/2004
06/01/2004 - 06/30/2004
07/01/2004 - 07/31/2004
08/01/2004 - 08/31/2004
09/01/2004 - 09/30/2004
10/01/2004 - 10/31/2004
11/01/2004 - 11/30/2004
12/01/2004 - 12/31/2004
01/01/2005 - 01/31/2005
02/01/2005 - 02/28/2005
03/01/2005 - 03/31/2005
04/01/2005 - 04/30/2005
05/01/2005 - 05/31/2005
06/01/2005 - 06/30/2005
07/01/2005 - 07/31/2005
08/01/2005 - 08/31/2005
09/01/2005 - 09/30/2005
10/01/2005 - 10/31/2005
11/01/2005 - 11/30/2005
12/01/2005 - 12/31/2005
01/01/2006 - 01/31/2006
02/01/2006 - 02/28/2006
03/01/2006 - 03/31/2006
04/01/2006 - 04/30/2006
05/01/2006 - 05/31/2006
06/01/2006 - 06/30/2006
07/01/2006 - 07/31/2006
08/01/2006 - 08/31/2006
09/01/2006 - 09/30/2006
10/01/2006 - 10/31/2006
11/01/2006 - 11/30/2006
12/01/2006 - 12/31/2006
01/01/2007 - 01/31/2007
02/01/2007 - 02/28/2007
03/01/2007 - 03/31/2007
04/01/2007 - 04/30/2007
05/01/2007 - 05/31/2007
06/01/2007 - 06/30/2007
07/01/2007 - 07/31/2007
08/01/2007 - 08/31/2007
09/01/2007 - 09/30/2007
10/01/2007 - 10/31/2007
11/01/2007 - 11/30/2007
12/01/2007 - 12/31/2007
01/01/2008 - 01/31/2008
02/01/2008 - 02/29/2008
03/01/2008 - 03/31/2008
04/01/2008 - 04/30/2008
05/01/2008 - 05/31/2008
06/01/2008 - 06/30/2008
07/01/2008 - 07/31/2008
08/01/2008 - 08/31/2008
09/01/2008 - 09/30/2008
10/01/2008 - 10/31/2008
11/01/2008 - 11/30/2008
12/01/2008 - 12/31/2008
01/01/2009 - 01/31/2009
02/01/2009 - 02/28/2009
03/01/2009 - 03/31/2009
04/01/2009 - 04/30/2009
05/01/2009 - 05/31/2009
06/01/2009 - 06/30/2009
07/01/2009 - 07/31/2009
08/01/2009 - 08/31/2009
09/01/2009 - 09/30/2009
10/01/2009 - 10/31/2009
11/01/2009 - 11/30/2009
12/01/2009 - 12/31/2009
01/01/2010 - 01/31/2010
02/01/2010 - 02/28/2010
03/01/2010 - 03/31/2010
04/01/2010 - 04/30/2010
05/01/2010 - 05/31/2010
06/01/2010 - 06/30/2010
07/01/2010 - 07/31/2010
08/01/2010 - 08/31/2010
09/01/2010 - 09/30/2010
10/01/2010 - 10/31/2010
11/01/2010 - 11/30/2010
12/01/2010 - 12/31/2010
01/01/2011 - 01/31/2011
02/01/2011 - 02/28/2011
03/01/2011 - 03/31/2011
05/01/2011 - 05/31/2011
06/01/2011 - 06/30/2011
07/01/2011 - 07/31/2011
08/01/2011 - 08/31/2011
09/01/2011 - 09/30/2011
10/01/2011 - 10/31/2011
11/01/2011 - 11/30/2011
12/01/2011 - 12/31/2011
01/01/2012 - 01/31/2012
02/01/2012 - 02/29/2012
03/01/2012 - 03/31/2012
04/01/2012 - 04/30/2012
05/01/2012 - 05/31/2012
06/01/2012 - 06/30/2012
07/01/2012 - 07/31/2012
08/01/2012 - 08/31/2012
10/01/2012 - 10/31/2012
11/01/2012 - 11/30/2012
12/01/2012 - 12/31/2012
02/01/2013 - 02/28/2013
04/01/2013 - 04/30/2013
05/01/2013 - 05/31/2013
06/01/2013 - 06/30/2013
07/01/2013 - 07/31/2013
08/01/2013 - 08/31/2013
11/01/2013 - 11/30/2013
12/01/2013 - 12/31/2013
01/01/2014 - 01/31/2014
02/01/2014 - 02/28/2014
05/01/2014 - 05/31/2014
07/01/2014 - 07/31/2014

< ? law blogs # >

The information contained in this web-site is intended for the education and benefit of the Reigel Law Firm, Ltd.'s clients and prospective clients. The information should not be relied upon as advice to help you with your specific issue. Each case is unique and must be analyzed by an attorney licensed to practice in your area with respect to the particular facts and applicable current law before any advice can be given. Sending an e-mail to the Reigel Law Firm, Ltd. does not create an attorney-client relationship. Advice will not be given by e-mail until an attorney-client relationship has been established.

© Reigel Law Firm, Ltd.-Aero Legal Services 2002-Present. All rights reserved.