Governmental administrative agencies possess considerable expertise. With the recent exception of the Boeing 737 MAX debacle, the US Federal Aviation Administration (“FAA”), has been regarded as the “gold standard” in its regulation of air safety and the certification of aircraft, airmen, air agencies and airports. However, in a recent case (Erwin v. FAA, U.S. Court of Appeals, District of Columbia Circuit, No. 20-1443, December 28, 2021), the Court referred to that agency as “a repeat offender”, admonishing it that it “cannot simply declare its expertise; it must exercise that expertise and demonstrate sufficiently that it has done so”.
In the U.S. and in many other countries, CBD (cannabidiol) products can be legally purchased from brick-and-mortar retailers or online. While it may be technically legal for pilots and aviation professionals to use CBD products, they do so at great risk to their certificates and careers; a positive drug test result always precipitates an enforcement investigation by the FAA—first a letter of investigation (LOI) from the FAA’s Drug Abatement Division, and ultimately an emergency certificate action revoking certificates.
1. When acquiring an aircraft, each party should know exactly with whom it is dealing. Who are the real parties in interest? Who is the seller? Who is the buyer/end user?
2. Whether you are a seller or a buyer, if you engage a broker, insist upon a written brokerage agreement clearly setting forth the commission and compensation that the broker will receive upon completion of the transaction.
3. If you are a buyer, before you execute any letter of intent leading up to the negotiation of an aircraft sales and purchase agreement, perform a title search of the aircraft. If the letter of intent is addressed to anyone other than the registered owner of the aircraft, STOP!
4. If you are a seller, know who your customer and ultimate end user are. Given possible foreign export controls and concerns over international money laundering, this is essential for the seller’s legal protection.
5. Ensure that the aircraft sales and purchase agreement are between the registered owner of the aircraft and the ultimate end user. Making sure that the real parties in interest are at the bargaining table not only ensures transparency but may be required given those concerns set forth in Paragraph 4 above.
6. While there may be some circumstances in which a back-to-back transaction may be appropriate, closely examine whether these circumstances outweigh the risks.
U.S. Court of Appeals Holds that National Transportation Safety Board's Communications with interested Outside Parties are "Intra-Agency" and not Releasable under the Freedom of Information Act
In 2011, a helicopter crashed while on a sightseeing tour in Hawaii, killing the pilot and all four passengers. The helicopter was operated by a US company. The helicopter and its engine were manufactured by French companies.
The accident was investigated by the National Transportation Safety Board (“NTSB”), an independent US Government agency charged with the investigation of civil aviation and other transportation accidents. The agency conducts fact finding proceedings to determine probable cause and issue safety recommendations. Since its creation in 1967, the NTSB has investigated thousands of accidents and the NTSB process is regarded worldwide to be nothing less than the “gold standard” in accident investigation.
John’s affiliation with Avialex Law Group, LLP will continue. But effective June 22, his position will be “Of Counsel”.His relationship with long-standing clients shall remain.
The FAA released clarification on the exemption to “holding out” for “compensation or hire” and provided some necessary guidelines for expense sharing.
On March 30, 2020, the FAA issued a Notice of Proposed Rulemaking (“NPRM”) providing the public with a 90-day period to review and comment on the proposed rules surrounding the Pilot Record Database which brings PRIA towards its sunset. We are discussing the new reporting requirements and how it will affect corporate flight departments.
According to the FAA’s newly issued Notice of Enforcement Policy, as a result of the CDC’s advice against elective and non-urgent medical visits, the FAA has decided it is against the public’s interest to maintain the requirement for FAA medical examinations for the time being and will not be taking legal enforcement actions against required pilot flight crewmember or flight engineer based on noncompliance with medical certificate duration standards when the expiration of the required medical certificate occurs between March 31, 2020, through June 30, 2020.
NBAA President and CEO, Ed Bolen, presents Top 40 Under 40 Award to John T. Van Geffen.
“At a time when the aviation community is as focused as ever on attracting and keeping tomorrow’s leaders and visionaries, NBAA is honored to have this opportunity to shine a spotlight on these outstanding young people, who are changing our industry in innovative and profound ways,” said NBAA President and CEO Ed Bolen.
