Steve Bruce of Hadden Law Firm uses the Aviation Law Briefing to offer insights and commentary on aviation litigation, FAA enforcement actions and aircraft transactions.
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The Federal Rules of Evidence outline the rules concerning the admission of various types of evidence in Federal Courts. Since the FAA is a federal organization, it would seem that the admission of evidence in FAA or NTSB hearings are also governed by the Federal Rules of Evidence. In reality, the...
The FAA is serious about reducing DUIs. The application for a medical certificate now asks for information about an arrest for DUI, even if there was never a conviction. NTSB opinions show: 1) an airman's alleged misunderstanding of their duty to report a DUI can still result in a revocation of all...
Pilots are always required to “see and avoid” other aircraft. In congested airspace, pilots know they must remain extremely vigilant to avoid a mid-air collision. In uncongested airspace the threat of a mid air collision may seem more remote. In either airspace, the legal responsibility...
Airworthiness is a complex term in the flying world. Some pilots are taught to check for an airworthiness certificate as part of a preflight check. But airworthiness means so much more. Although you may have an airworthiness certificate, your aircraft may actually be unairworthy. For example, there...
Temporary Flight Restrictions ("TFR") are more frequent in certain years, like an election year, and are tough to keep track of especially if you let these restrictions drop out of your crosscheck. Despite the difficulty in tracking them, pilots must ensure they are aware of these flight...
The Federal Aviation Administration released Information for Operators (InFO 10003) on April 26, 2010 discussing cockpit distractions. The article states that engaging in tasks not directly related to flight duties, "including using personal electronic devices (PED), constitutes a safety...
Mike Danko, an aviation lawyer in California, recently discussed an issue in his post, NTSB: Glass Cockpits Associated with Higher Rate of Fatal Accidents, concerning the use of glass cockpits and fatal accidents. In Mike's post, he reports that the NTSB has recently issued a report that states in...
Aviation Safety Action Program (ASAP) should be treated as a valuable safety tool to prevent accidents and mishaps, not as an evidentiary tool for enforcement proceedings. Limiting the use of ASAP data not only helps the NTSB and the FAA improve aviation safety (through the identification of safety...
“Careless and reckless.” These words seem to be pretty serious, especially if they are used to describe a decision or an operation that a pilot undertook while flying an airplane. It would be nice to have a single definition of these terms that explains them fully, but a definition...