Greg Reigel's Aviation Law Update

06/07/2023

NY Court dismisses plaintiff's claims for injury arising from hand-propping of aircraft based upon plaintiff's assumption of the risk. Interesting case discussing preemption, negligence/strict-liability & assumption of the risk doctrines.

06/07/2023

This will be an interesting case to watch. But I would be surprised if this issue hasn't arisen previously in the context of aerial photos from manned aircraft rather than .

The state court of appeals held previously that unconstitutionally collected evidence could still be used for civil enforcement.

06/05/2023

FL court refuses to dismiss complaint including aircraft mechanic lien claim based upon alleged clerical issues with notarization & inconsistencies in aircraft description. Court allows foreclosure/replevin claims to proceed.

06/01/2023

As if FAA didn't have enough bureaucracy already. It is adding layers to its international governance. Because additional bureaucracy usually increases efficiency, transparency, etc. [Sarcasm]. We'll see.

05/31/2023

FAA has updated AC 135-10C Approved Aircraft Inspection Program (AAIP) which provides guidance for Part 135 air carriers developing AAIPs. Although not regulatory, it is recommended reading to understand FAA's expectations for AAIPs.

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05/30/2023

NTSB is requesting comments on its intent to request feedback on agency service delivery. Given the opportunity, I would certainly provide feedback on NTSB's office of administrative law judges. Comments on NTSB's request are due 7/31/2023.

05/25/2023

FAA is seeking comments/input on how advances in technology/standards/operational strategies can be used to safely demonstrate how BVLOS ops can be applied without adversely affecting safety. Comments/input are due 6/4/2023.

05/24/2023

NTSB confirms that no motion practice is available to FAA or respondents during the pendency of an appeal from an ALJ's decision in an emergency case. Not sure I agree with the Board's cited authority, but that is its position.

05/24/2023

FAA issued a NPRM proposing to change CFI renewal req'ts to recent experience req'ts & to add a new method for establishing recent CFI experience. CFIs would have a 3 month grace period after experience lapse to reinstate. Comments are due 6/22/02023.

05/23/2023

Curious to see what, if anything, FAA will do with this. I'm not sure an incorrect fuel cap is something of which the pilot would be aware. I'm guessing the mechanic(s) who performed annual inspection(s) on the aircraft would/should have known.

A total loss of engine power due to a blocked fuel tank cap vent hole, which resulted in fuel starvation. Contributing to the accident was the mechanic’s and the pilot’s inadequate inspections of the fuel tank cap.

05/23/2023

It isn't a problem until something puts you on the radar, and then it's a big problem. And in aviation, FAA & others are becoming more unforgiving of this type of conduct. If you don't have a certificate, then don't fly. It's that simple.

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05/17/2023

Interested in advanced air mobility (e.g., integration into NAS)? Would you like to provide DOT with your input? You can. DOT is accepting comments/input for consideration by its interagency working group. Comments are due by 7/17/2023.