Sample Critical Thinking Paper on Aviation Laws and Regulations

Question 1

The airline will be held liable for the injury suffered by the passenger. The Warsaw Convention (Kouladis 290) outlines that for passengers in an international flight, airline liability arises at the process of embarking until the process of disembarking comes to a halt. Disembarking process requires that the passenger should have reached a safe place at the arrival terminal. The passenger slipped while walking towards the arrival terminal building. Personal injury limit of $100,000, currently $140,000 is available on this liability.

Question 2
  1. The aircraft is to be used for a different purpose than before.

The purpose to which an aircraft intends to perform will trigger considerations as to aircraft insurance policy such that if it operates in a matter not listed in a particular policy, the insurance company may deny any claim made against it.

  1. A different pilot will be flying the aircraft.

Any pilot barred from flying an aircraft by an insurance policy must conform to that policy. Most qualified pilots guarantee a cheaper insurance policy while under qualified pilots as per the insurance policy will expose the owner of the aircraft to additional liability and save the insurance company from paying an insurance claim.

  1. The aircraft is going to be flown outside the contiguous (lower 48) United States.

This triggers consideration of the insurance policy because areas outside the contiguous United States have different policies concerning Aviation Insurance

  1. You have upgraded the aircraft’s avionics, adding significantly to its value.

The insurance policy has to be considered because the value of the aircraft will determine the amount the insurance company might pay if the aircraft is considered a total loss

  1. You are going to fly the aircraft to Santa Fe, New Mexico.

Since Santa Fe, New Mexico is not in the U.S.A, international passenger liability will apply thus the insurance policy will be considered.

  1. You have finally paid off the loan you took to purchase the aircraft.

This does not affect the insurance policy of the aircraft hence it is not considered.

  1. You sell the aircraft.

This does not affect the insurance policy of the aircraft hence it is not considered.

Question 3

The loss of property, injury or death caused by negligence must result from the commission or omission of an employer of government acting within the scope of his employment.

A manufacturer will be held liable if after an accident it is discovered that the manufacturer was negligent in the design or manufacturing of an aircraft.

Pilots who fail to use reasonable care in their operations and government employees who understate the weather are guilty of negligence and therefore render the government liable.

If an Air Traffic Control employee deviates from the Air Controller’s Traffic Handbook, the government is held liable only when the controller’s negligence actions are found to be the proximate cause of an action.

Question 4
  1. It is not legal for you to act as a pilot or a crew member on the flight back till your medical condition is certified and a doctor recommends that you are fit to go back to work.
  2. This event and diagnosis should be reported to the FAA as soon as possible. These reports are done NTSB Part 830, notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and the Preservation of Aircraft Wreckage, Mail, Cargo, and Records
  3. Yes, there is a procedure. You can sue the FAA in a court of law to have the revocation lifted.
Question 5
  1. You will report this incidence to the FAA because it is a requirement.
  2. You are required to comply after certifying the validity of the form. If you comply, the insurance company that insures the plane pays for the aircraft and for re-examination.
  3. If you do not submit to the requested re-examination, the FAA may prevent your plane from flying by revoking your flight rights.
Question 6

A NASA Safety Report cannot be filed to protect any FAR violation because any accident reported within NASA will be forwarded to NTSB and such reports can be used in enforcement cases.

Question 7

Domestic passenger is one who’s departure and arrival destinations are within the U.S while an international passenger is one whose flight departs or arrives in another country.

Question 8
  1. These questions are on the Application for Aviation Medical Certificate because it is important to secure the safety of pilots and also because it is a legal requirement.
  2. The FAA does thorough research and background check before allowing a pilot to operate and aircraft. It is very likely therefore that if such information is not relayed, the FAA will find out.
  3. If you have such a record but fail to record, you could be sued for fraud and misrepresentation (Speciale 15)
Question 9

Yes. FAA is a government body and the negligence of an employee as a result of an act or omission within the scope of employment will render the United States liable.

Question 10

Padding is a serious offence that is punishable by law. A pilot who does this faces the risk of being sued for fraud (Speciale 15).

 

Works Cited

Speciale, Raymond C. Fundamentals of Aviation Law. New York: McGraw-Hill, 2006. Internet resource.

Kouladis, Nicholas. Principles of Law Relating to International Trade. New York, NY: Springer, 2006. Print