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# Shackelford, McKinley & Norton, LLP

Business & Entertainment Law, Dallas | Fort Worth | Austin

## Sitemaps

- [XML Sitemap](https://shackelford.law/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Shackelford attorney Raymond Panneton Vice-Chair Appointment to the Litigation and Trial Practice General Committee](https://shackelford.law/news/shackelford-attorney-raymond-panneton-vice-chair-appointment-to-the-litigation-and-trial-practice-general-committee/) - Shackelford attorney Raymond Pannelton Vice-Chair Appointment to the Litigation and Trial Practice General Committee
- [Why family offices are buying private jets again](https://shackelford.law/news/why-family-offices-are-buying-private-jets-again/) - Shackelford attorney Raymond Pannelton Vice-Chair Appointment to the Litigation and Trial Practice General Committee
- [Real Estate](https://shackelford.law/industries/real-estate/)
- [Insurance](https://shackelford.law/industries/insurance/)
- [Hospitality](https://shackelford.law/industries/hospitality/) - Shackelford’s experience with the hospitality industry allows it to provide a multi-disciplinary approach to challenges faced by the industry participants.
- [Healthcare](https://shackelford.law/industries/healthcare/)
- [Entertainment](https://shackelford.law/industries/entertainment/) - Entertainment attorneys at Shackelford Law counsel talent, production companies, and content creators on music law, publishing, licensing, and IP protection.
- [Energy](https://shackelford.law/industries/energy/)
- [Construction](https://shackelford.law/industries/construction/)
- [Banking](https://shackelford.law/industries/banking/) - Shackelford Law advises banks and financial institutions on regulatory compliance, loan documentation, mergers & litigation throughout Texas and the Southwest.
- [Automobiles](https://shackelford.law/industries/automobiles/) - Serving Texas automotive dealers and manufacturers, Shackelford Law provides experienced legal guidance on compliance, transactions, and industry litigation.
- [Affordable Housing](https://shackelford.law/industries/affordable-housing/)
- [Aviation](https://shackelford.law/industries/aviation/) - Based in Texas, Shackelford Law advises aircraft owners, operators, and aviation businesses nationwide on transactions, FAA compliance, and industry litigation
- [Advanced Media and Technology](https://shackelford.law/industries/advanced-media-and-technology/)
- [Litigation Legal Assistant](https://shackelford.law/job-openings/litigation-legal-assistant/) - Litigation Legal Assistant Shackelford, McKinley & Norton, LLP is seeking a highly organized and detail-oriented Litigation Legal Assistant to join our Dallas team. As a Litigation Legal Assistant, you will play a crucial role in assisting 3 trial attorneys with all aspects of the commercial litigation process. This is an excellent opportunity for someone with
- [Shackelford attorneys to attend TAAHP](https://shackelford.law/news/shackelford-attorneys-to-attend-taahp/) - Shackelford attorneys to attend TAAHP
- [Bar None Celebrates 40 Years of Scholarship Fundraising and Building Community](https://shackelford.law/news/bar-none-celebrates-40-years-of-scholarship-fundraising-and-building-community/) - https://shackelford.law/news/bar-none-celebrates-40-years-of-scholarship-fundraising-and-building-community/
- [Shackelford attorney Michelle Snedden is a featured panelist at TAAHP](https://shackelford.law/news/shackelford-attorney-michelle-snedden-is-a-featured-panelist-at-taahp/) - Shackelford attorney Michelle Snedden is a featured panelist at TAAHP
- [Shackelford, McKinley & Norton Adds to Dallas, Houston Offices](https://shackelford.law/news/shackelford-mckinley-norton-adds-to-dallas-houston-offices/) - The full-service transactional and litigation firm Shackelford, McKinley & Norton has bolstered its corporate law expertise with the addition of partners in Dallas and Houston.
- [Shackelford Partner Mobilizes Aviation Industry to Aid Cancer Patients](https://shackelford.law/news/shackelford-partner-mobilizes-aviation-industry-to-aid-cancer-patients/) - https://shackelford.law/news/shackelford-partner-mobilizes-aviation-industry-to-aid-cancer-patients/
- [Shackelford Celebrates Women’s History Month](https://shackelford.law/news/shackelford-celebrates-womens-history-month/) - Firm recognized for corporate law and commercial litigation excellence.
- [2026 Texas Super Lawyers Honors Talmage Boston](https://shackelford.law/news/2026-texas-super-lawyers-honors-talmage-boston/) - 2026 Texas Super Lawyers Honors Talmage Boston
- [Presidents Day: Remembering the Character of George Washington](https://shackelford.law/news/presidents-day-remembering-the-character-of-george-washington/) - On Presidents Day, we do more than recognize a holiday. We reflect on the standard set by the first man to hold the office.
- [Anna Brooks Martin and Savannah Benac for Women’s History Month](https://shackelford.law/news/anna-brooks-martin-and-savannah-benac-for-womens-history-month/) - Firm recognized for corporate law and commercial litigation excellence.
- [Shackelford Selected for Chambers Spotlight Texas Guide](https://shackelford.law/news/shackelford-selected-for-chambers-spotlight-texas-guide/) - Firm recognized for corporate law and commercial litigation excellence.
- [Bracewell & Shackelford Lawyers Team Up](https://shackelford.law/news/bracewell-shackelford-lawyers-team-up/) - Savannah Hostetter Benac went to Baylor University School of Law thinking she would become a prosecutor or do legal work to combat human trafficking.
- [Dallas Real Estate Attorney Lynnsee Starr Joins Shackelford, McKinley & Norton](https://shackelford.law/news/new-attorneys/dallas-real-estate-attorney-lynnsee-starr-joins-shackelford-mckinley-norton/) - Dallas, Houston and Austin lawyers elevated to partner
- [Shackelford Places 23 on Texas Super Lawyers, Rising Stars Lists](https://shackelford.law/news/shackelford-places-23-on-texas-super-lawyers-rising-stars-lists/) - Dallas, Houston and Austin lawyers elevated to partner
- [Leah Duncan To Participate in The PITCH Event Hosted By Dallas Women Lawyers Association (DWLA) in April](https://shackelford.law/news/leah-duncan-to-participate-in-the-pitch-event-hosted-by-dallas-women-lawyers-association-dwla-in-april/) - The Dallas Women Lawyers Association is once again presenting The Pitch, a business development experience. Congratulations to Leah Duncan, an attorney at Shackelford, for being selected to participate this year.
- [Houston, Dallas Partner Promotions Announced](https://shackelford.law/news/houston-dallas-partner-promotions-announced/) - Shackelford, McKinley & Norton, LLP, is proud to announce the promotion of Darryl Mazow, Michael D. McKinley II and Marianne Robak to equity partner. Kara Hargrove and Artis Ulmer III have been promoted to non-equity partner.
- [Shackelford’s David Elrod, Talmage Boston Inducted into Lawdragon Hall of Fame](https://shackelford.law/news/shackelfords-david-elrod-talmage-boston-inducted-into-lawdragon-hall-of-fame/) - Shackelford, McKinley & Norton partners and renowned Dallas attorneys David Elrod and Talmage Boston are among the 2026 inductees into the Lawdragon Hall of Fame.
- [Lawdragon Honors Four Shackelford Partners- Leading Lawyers in America](https://shackelford.law/news/lawdragon-honors-four-shackelford-partners-leading-lawyers-in-america/) - Shackelford, McKinley & Norton partners John Shackelford, David Norton, Martha Hofmeister and Jay Brown have been named to the 2026 Lawdragon 500 Leading Lawyers in America legal guide.
- [Shackelford, McKinley & Norton Announces Promotions](https://shackelford.law/news/new-attorneys/shackelford-mckinley-norton-announces-promotions/) - Dallas, Houston and Austin lawyers elevated to partner
- [Shackelford Named Among Best Law Firms for 2026](https://shackelford.law/news/shackelford-named-among-best-law-firms-for-2026/) - Shackelford, McKinley & Norton has again been included in the prestigious Best Law Firms legal guide for its standout performance in 15 unique areas of practice, including a total of five top rankings for the Dallas-Fort Worth and Houston offices.
- [Nine Shackelford Partners Lauded as Leading Dealmakers by Lawdragon](https://shackelford.law/news/nine-shackelford-partners-lauded-as-leading-dealmakers-by-lawdragon/) - Nine Shackelford, McKinley & Norton partners have earned repeat recognition on the annual Lawdragon 500 Leading Dealmakers in America listing.
- [Shackelford Partner Shares Concerns Over Federal Shutdown Impact on Aviation](https://shackelford.law/news/shackelford-partner-shares-concerns-over-federal-shutdown-impact-on-aviation/) - https://shackelford.law/news/shackelford-partner-shares-concerns-over-federal-shutdown-impact-on-aviation/
- [Shackelford Attorneys Honored by Lawdragon for Family Law Excellence](https://shackelford.law/news/shackelford-attorneys-honored-by-lawdragon-for-family-law-excellence/) - Shackelford, McKinley & Norton partners Joshua Northam and Elizabeth Swan and associate Emilie East have been selected for the 2026 edition of Lawdragon 500 Leading Family Lawyers.
- [TSA Updates Its Flight Training Security Program](https://shackelford.law/news-aviation/tsa-updates-its-flight-training-security-program/) - Shackelford, Bowen, McKinley & Norton Nashville entertainment partner Lauren Kilgore recently spoke with TIME Magazine about the potential legal ramifications for celebrities when their fans use intimidation as retaliation for perceived disrespect or criticism.
- [Shackelford Among Lawdragons Top Corporate Employment Lawyers](https://shackelford.law/news/lawdragon-shackelford-top-corporate-employment-lawyers/) - Frank Amini, Bobby Voigt Honored by Lawdragon
- [Texas Super Lawyers Honors 14 Shackelford Attorneys](https://shackelford.law/news/texas-super-lawyers-honors-14-shackelford-attorneys-2025/) - Ten Shackelford, McKinley & Norton attorneys have been recognized in the 2024 edition of the prestigious Texas Super Lawyers legal guide.
- [Shackelford Attorneys Earn Best Lawyers Recognition](https://shackelford.law/news/19-shackelford-attorneys-earn-best-lawyers-recognition/) - Shackelford, McKinley & Norton is pleased to announce that 15 firm attorneys representing 18 unique practice areas have been selected for The Best Lawyers in America legal guide. An additional four firm attorneys were recognized on the companion Best Lawyers: Ones to Watch list.
- [Harris County Judge Rules in Surrogacy Escrow Case](https://shackelford.law/news/harris-county-judge-rules-in-surrogacy-escrow-case/) - Harris County Judge Rules in Surrogacy Escrow Case
- [Jay Brown Receives Chambers USA Recognition](https://shackelford.law/news/jay-brown-earns-repeat-chambers-usa-recognition/) - Shackelford, McKinley & Norton partner Jay Brown has again earned recognition in the prestigious 2025 Chambers USA legal guide.
- [Talmage Named UT Law 2025 Outstanding Alumnus](https://shackelford.law/news/talmage-ut-law-2025-outstanding-alumnus/) - Talmage has been named the University of Texas Law School’s 2025 Outstanding Alumnus
- [David Norton Appointed to Law360 Transportation Editorial Board](https://shackelford.law/news/david-norton-appointed-to-law360-transportation-editorial-board/) - Shackelford partner David Norton, who heads the firm’s aviation practice, has been selected to serve on Law360’s Transportation Editorial Advisory Board .
- [What Can You Do Inside Your Aircraft Hangar?](https://shackelford.law/news-aviation/what-can-you-do-inside-your-aircraft-hangar/) - If you own or lease an aircraft hangar on a private airport, that airport may have some restrictions or limitations on what you can do inside your hangar. Other private airports do not have any restrictions on hangar use. It just depends upon the airport. However, if you own or lease an aircraft hangar on
- [Four Partners Honored - Top Bankruptcy Litigators](https://shackelford.law/news/four-partners-honored-top-bankruptcy-litigators/) - Four Shackelford Partners Honored Among Top Bankruptcy Litigators
- [Keep It Legal - Succession Planning](https://shackelford.law/news/keep-it-legal-succession-planning-with-jake-pollack/) - In this episode of Keep It Legal, we sat down with Jake Pollack, wealth transfer planning attorney at Shackleford, McKinley & Norton in Dallas. We dive into the critical, yet often overlooked, topic of business succession planning.
- [Talmage Named 2025 Outstanding Alumnus](https://shackelford.law/news/shackelfords-talmage-boston-named-2025-outstanding-alumnus-university-of-texas-law-school-alumni-association/) - Shackelford’s Talmage Boston Named 2025 Outstanding Alumnus University of Texas Law School Alumni Association
- [LawDragon Honors Partners](https://shackelford.law/news/frank-amini-bobby-voigt-honored-by-lawdragon/) - Frank Amini, Bobby Voigt Honored by Lawdragon
- [Family Law](https://shackelford.law/expertise-item/family-law/)
- [Reading the Regulation Isn't Always Enough](https://shackelford.law/news-aviation/reading-the-regulation-isnt-always-enough/) - https://shackelford.law/news-aviation/reading-the-regulation-isnt-always-enough/
- [Understanding Experimental Aircraft Limitations](https://shackelford.law/news-aviation/understanding-experimental-aircraft-limitations/) - https://shackelford.law/news-aviation/understanding-experimental-aircraft-limitations/
- [Women's History Month - Martha Hardwick Hofmeister](https://shackelford.law/news/womens-history-month-martha-hardwick-hofmeister-2/) - Finishing our Women's History Month series is Martha Hardwick Hofmeister, who has been defying stereotypes her entire career, not only as a business litigator but also as Shackelford co-founder and first female partner.
- [Women's History Month - Michelle Snedden & Kara Hargrove](https://shackelford.law/news/womens-history-month-michelle-snedden-kara-hargrove/) - With female-headed households disproportionately common across all housing assistance programs, it is perhaps fitting that women including Shackelford partners Michelle Snedden and Kara Hargrove are taking a leading role in completing the deals that allow for the construction of affordable housing.
- [Women's History Month - Marianne Robak](https://shackelford.law/news/womens-history-month-marianne-robak-2/) - Inspired by the positive impact of her father’s law career, there was never any question that Houston litigation partner Marianne Robak would follow in his footsteps, an aspiration he supported fully.
- [Women's History Month - Hilary Borow](https://shackelford.law/news/womens-history-month-hilary-borow/) - Insurance law has made great strides toward gender equity over the past few decades, a fact that is evident within Shackelford’s insurance litigation section.
- [Women's History Month - Anna Brooks Martin](https://shackelford.law/news/womens-history-month-anna-brooks-martin/) - Dallas transactional attorney Anna Brooks Martin’s practice encompasses a broad range of corporate and business matters, focusing heavily on deals involving auto dealerships.
- [Greg Reigel Talks Airline Passenger Rights Regulations With State Bar of Wisconsin](https://shackelford.law/news-aviation/lauren-kilgore-talks-doxxing-with-time-magazine/) - Shackelford, Bowen, McKinley & Norton Nashville entertainment partner Lauren Kilgore recently spoke with TIME Magazine about the potential legal ramifications for celebrities when their fans use intimidation as retaliation for perceived disrespect or criticism.
- [DOT Revises First-Half 2025 SIFL Rates](https://shackelford.law/news-aviation/dot-revises-first-half-2025-sifl-rates/) - The U.S. Department of Transportation has revised the Standard Industry Fare Level (SIFL) rates for the six-month period from January 1, 2025 to June 30, 2025. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Martha Hardwick Hofmeister Honored by Federal Bar Association](https://shackelford.law/news/martha-hardwick-hofmeister-honored-by-federal-bar-association/) - Shackelford, McKinley & Norton founding partner Martha Hardwick Hofmeister has been selected to receive the 2024 Earl W. Kintner Award for Distinguished Service from the Federal Bar Association.
- [Texas Super Lawyers Honors 10 Shackelford Attorneys](https://shackelford.law/news/texas-super-lawyers-honors-10-shackelford-attorneys/) - Ten Shackelford, McKinley & Norton attorneys have been recognized in the 2024 edition of the prestigious Texas Super Lawyers legal guide.
- [David Elrod Recognized With Lifetime Achievement Award from Texas Lawyer](https://shackelford.law/news/david-elrod-recognized-with-lifetime-achievement-award-from-texas-lawyer/) - In recognition of his “lasting imprint on the Texas Legal community,” Shackelford, McKinley & Norton trial partner David Elrod has been selected as a 2024 recipient of the Texas Legal Awards’ Lifetime Achievement honor.
- [Shackelford Earns 2025 Best Law Firms Recognition](https://shackelford.law/news/shackelford-earns-2025-best-law-firms-recognition/) - Shackelford, McKinley & Norton has earned Best Law Firms® recognition in 12 unique practice areas for 2025.
- [FAA Aircraft Registration Updates](https://shackelford.law/news/faa-aircraft-registration-updates/) - The concept behind leasing a business aircraft is not inherently complex, but leases can contain potential traps for those not up to speed on the vagaries.
- [Aircraft Management Companies Who Do Not Directly Perform Maintenance or Provide Fuel May Still Be Able To Assert Liens Under Texas Law](https://shackelford.law/news-aviation/aircraft-management-companies-who-do-not-directly-perform-maintenance-or-provide-fuel-may-still-be-able-to-assert-liens-under-texas-law/) - https://shackelford.law/news-aviation/aircraft-management-companies-who-do-not-directly-perform-maintenance-or-provide-fuel-may-still-be-able-to-assert-liens-under-texas-law/
- [Lawdragon Recognizes Shackelford Antitrust, Environmental Legal Leaders](https://shackelford.law/news/lawdragon-recognizes-shackelford-antitrust-environmental-legal-leaders/) - Shackelford, McKinley & Norton partners John Shackelford, David Elrod and Bruce Wilkin have earned 2025 recognition from Lawdragon 500 in the areas of antitrust and environmental litigation.
- [Talmage Boston, Jay Brown, David Elrod Named Lawdragon Leading Lawyers](https://shackelford.law/news/talmage-boston-jay-brown-david-elrod-named-lawdragon-leading-lawyers/) - Shackelford, McKinley & Norton partners Talmage Boston, Jay Brown and David Elrod have been selected among the 2025 Lawdragon 500 Leading Lawyers in America.
- [Martha Hardwick Hofmeister Earns Dallas Bar Association Award for Distinguished Service](https://shackelford.law/news/martha-hardwick-hofmeister-earns-dallas-bar-association-award-for-distinguished-service/) - Shackelford, McKinley & Norton founding partner Martha Hardwick Hofmeister has been selected as the recipient of the 2024 Kim Askew Distinguished Service Award from the Dallas Bar Association.
- [Jake Pollack Offers Small Business Succession Planning Advice](https://shackelford.law/news/jake-pollack-offers-small-business-succession-planning-advice/) - Estate Planning and Probate partner Jake Pollack was featured in “Turning Over the Keys,” American Coin-Op’s two-part look at small business succession planning.
- [Lawdragon Selects 9 Shackelford Attorneys to its Guide of Leading Dealmakers](https://shackelford.law/news/lawdragon-selects-9-shackelford-attorneys-to-its-guide-of-leading-dealmakers/) - A total of nine partners from the Dallas and Fort Worth offices of Shackelford, McKinley & Norton have been selected to the Lawdragon 500 Leading Dealmakers in America for 2025.
- [FBA Recognizes Martha Hofmeister](https://shackelford.law/news/fba-recognizes-martha-hofmeister/) - The Federal Bar Association recently honored Dallas business litigator Martha Hardwick Hofmeister with its Earl W. Kintner Award for Distinguished Service.
- [Joshua Northam, Elizabeth Swan Named Among Nation’s Top Family Lawyers](https://shackelford.law/news/joshua-northam-elizabeth-swan-named-among-nations-top-family-lawyers/) - Dallas Shackelford, McKinley & Norton partners Joshua Northam and Elizabeth Swan have been selected among the Lawdragon 500 Leading Family Lawyers.
- [Caryn Campbell, Michelle Morgan Honored Among Top Corporate Employment Attorneys by Lawdragon](https://shackelford.law/news/caryn-campbell-michelle-morgan-honored-among-top-corporate-employment-attorneys-by-lawdragon/) - Dallas Shackelford, McKinley & Norton partners Caryn Campbell and Michelle Morgan have again been recognized among the Lawdragon 500 Leading Corporate Employment Lawyers.
- [Aircraft Truth in Leasing](https://shackelford.law/news-aviation/aircraft-truth-in-leasing/) - https://shackelford.law/news-aviation/aircraft-truth-in-leasing/
- [Lawdragon Names 14 Shackelford Attorneys Among Nation’s Leading Litigators](https://shackelford.law/news/lawdragon-names-14-shackelford-attorneys-among-nations-leading-litigators/) - A total of 14 attorneys from Shackelford, McKinley & Norton, LLP, have earned placement on the Lawdragon 500 Leading Litigators in America, an annual listing of the country’s top litigation defense attorneys.
- [Lawdragon Leading Bankruptcy Attorneys Recognizes Four Shackelford Partners](https://shackelford.law/news/lawdragon-leading-bankruptcy-attorneys-recognizes-four-shackelford-partners/) - Four Shackelford, McKinley & Norton partners have been recognized among the Lawdragon 500 Leading Global Bankruptcy & Restructuring Lawyers for 2024.
- [Chambers USA Honors Jay Brown Among Top Texas’ Elite Insurance Attorneys](https://shackelford.law/news/chambers-usa-honors-jay-brown-among-top-texas-elite-insurance-attorneys/) - Shackelford, McKinley & Norton partner Jay Brown has been recognized among Texas’ leading insurance attorneys by Chambers USA.
- [Shackelford Partners Honored for Real Estate Expertise](https://shackelford.law/news/shackelford-partners-honored-for-real-estate-expertise/) - Four Shackelford, McKinley & Norton partners are recognized in the inaugural Lawdragon 500 Leading Global Real Estate Lawyers legal guide.
- [22 Shackelford Attorneys Earn Best Lawyers Recognition](https://shackelford.law/news/22-shackelford-attorneys-earn-best-lawyers-recognition/) - Shackelford, McKinley & Norton is pleased to announce 15 attorneys from the Dallas and Houston offices have been recognized by The Best Lawyers in America, the oldest and among the most respected legal guides in the United States. An additional seven attorneys were selected to the Best Lawyers: Ones to Watch list of the top up and coming lawyers in the country.
- [Court Freezes Assets in Houston Surrogacy Escrow Account Scandal](https://shackelford.law/news/court-freezes-assets-in-houston-surrogacy-escrow-account-scandal/) - Attorneys at Shackelford, McKinley & Norton, LLP, have filed a lawsuit against an escrow fund for surrogate mothers after one mom-to-be received notice her account – with more than $60,000 in it – now has a zero balance.
- [SEAM case on Nightline: New lawsuit claims surrogacy company 'systematically' defrauded families](https://shackelford.law/news/abc-nightline-new-lawsuit-claims-surrogacy-company-systematically-defrauded-families/) - New lawsuit claims surrogacy company 'systematically' defrauded families; Daniel Seavey talks about his solo career, looks back on Why Don't We days; Betrayal, a father's secret life
- [23 Families Seek to Join Lawsuit Over Missing Surrogacy Money in SEAM Case](https://shackelford.law/news/23-families-seek-to-join-lawsuit-over-missing-surrogacy-money-in-seam-case/) - Plaintiffs from across the country, around the world, seek millions; investigation shows money paid for $6.2M music studio, luxury cars
- [May the FAA Search My Plane?](https://shackelford.law/news-aviation/may-the-faa-search-my-plane/) - https://shackelford.law/news-aviation/may-the-faa-search-my-plane/
- [Discover Martha Hardwick Hofmeister's Work With Bar None](https://shackelford.law/news/discover-shackelfords-partner-martha-hardwick-work-with-bar-none/) - Discover Shackelford’s Partner Martha Hardwick Hofmeister Work With Bar None Enjoy the hidden talents of DFW-area legal professionals at Bar None! It’s a musical fundraiser for law school scholarships. Partner Martha Hardwick Hofmeister is well known in Dallas legal circles for her multi-decade work on an annual fundraiser for the Dallas Bar Foundation: the Bar
- [David Elrod, Worthy Walker Recognized Among Nation’s Top Energy Lawyers](https://shackelford.law/news/david-elrod-worthy-walker-recognized-among-nations-top-energy-lawyers/) - Shackelford, Bowen, McKinley & Norton partners David Elrod and Worthy Walker were selected to the 2024 Lawdragon 500 Leading Energy Lawyers legal guide.
- [Women's History Month - Martha Hardwick Hofmeister](https://shackelford.law/news/womens-history-month-martha-hardwick-hofmeister/) - Finishing our Women's History Month series with the one who started it all, our co-founder and first female partner, Martha Hardwick Hofmeister.
- [Women's History Month - Marianne Robak](https://shackelford.law/news/womens-history-month-marianne-robak/) - Meet Marianne Robak one of Shackelford's top commercial litigation partners based in Houston.
- [Women's History Month - Caryn Campbell and Michelle Morgan](https://shackelford.law/news/womens-history-month-caryn-campbell-and-michelle-morgan/) - Shackelford is proud to highlight partners Caryn Campbell and Michelle Morgan as part of our continuing celebration of Women’s History Month.
- [Women's History Month - Michelle Snedden](https://shackelford.law/news/womens-history-month-michelle-snedden/) - Born and raised in England Michelle Snedden has taken a unique path to becoming a Shackelford partner.
- [Women's History Month - Elizabeth Swan](https://shackelford.law/news/womens-history-month-elizabeth-swan/) - Today we shine a light on family law and appellate partner Elizabeth Swan, who says Women’s History Month is a time to appreciate the accomplishments and contributions that women make in the workplace and beyond.
- [Texas Rising Stars Honors Four Shackelford Attorneys](https://shackelford.law/news/texas-rising-stars-honors-four-shackelford-attorneys/) - Four Shackelford, Bowen, McKinley & Norton attorneys are recognized in the 2024 Texas Rising Stars legal guide to the top young attorneys in the state.
- [Women's History Month - Hilary C. Borow and Krystie Cals Malara](https://shackelford.law/news/womens-history-month-hilary-c-borow-and-krystie-cals-malara/) - As we celebrate Women's History Month, let's thank Hilary C. Borow and Krystie Cals Malara for their unwavering dedication to client service.
- [Women's History Month - Lauren Kilgore and Rebekah Shulman](https://shackelford.law/news/womens-history-month-lauren-kilgore-and-rebekah-shulman/) - In our ongoing celebration of Women's History Month, Shackelford proudly highlights the accomplishments of distinguished female partners Lauren Kilgore and Rebekah Shulman, pivotal figures of our entertainment law team.
- [Women's History Month - Lauren Spahn](https://shackelford.law/news/womens-history-month-lauren-spahn/) - In recognition of Women’s History Month, we will be highlighting our accomplished female partners throughout March. We are kicking things off with Lauren Spahn.
- [Pioneers in the Texas Board of Legal Specialization's Newest Specialty Areas](https://shackelford.law/news/pioneers-in-the-texas-board-of-legal-specializations-newest-specialty-areas/) - We're proud to announce that partners David Norton, Greg Reigel and Bruce Wilkin have earned Board Certification by the Texas Board of Legal Specialization, David and Greg in Aviation Law, and Bruce in Insurance Law. Both specialty areas were added to the TBLS board certification program last year, with these attorneys among the first in their fields to earn this elite distinction.
- [Pilots:  Leave The Gummies At Home!](https://shackelford.law/news-aviation/pilots-leave-the-gummies-at-home/) - https://shackelford.law/news-aviation/pilots-leave-the-gummies-at-home/
- [Artis G. Ulmer III Discusses Black History Month with Texas Lawbook](https://shackelford.law/news/artis-g-ulmer-iii-discusses-black-history-month-with-texas-lawbook/) - Detailing the inspiration he draws from his own family legacy, trial attorney Artis G. Ulmer III of the Houston office of Shackelford, Bowen, McKinley & Norton shared his thoughts on the importance of Black History Month with Texas Lawbook.
- [Talmage Boston Article Featured in Texas Edition of Best Law Firms](https://shackelford.law/news/talmage-boston-article-featured-in-texas-edition-of-best-law-firms/) - The recently released Best Law Firms®-Texas Region magazine featured the article “What Would Henry Do or Say?” by Shackelford, Bowen, McKinley & Norton commercial litigation partner Talmage Boston.
- [Lawdragon Selects David Elrod, Bruce Wilkin Amon Top Environmental Lawyers](https://shackelford.law/news/lawdragon-selects-david-elrod-bruce-wilkin-amon-top-environmental-lawyers/) - Shackelford, Bowen, McKinley & Norton partners David Elrod and Bruce Wilkin have been named to the 2024 Lawdragon Green 500: The Leaders in Environmental Law.
- [Talmage Boston, Jay Brown Selected Among Nation’s Leading Lawyers](https://shackelford.law/news/talmage-boston-jay-brown-nations-leading-lawyers/) - Shackelford, Bowen, McKinley & Norton partners Talmage Boston and Jay Brown have been selected among the 2024 Lawdragon 500 Leading Lawyers in America. Mr. Boston was selected based on his Commercial Litigation practice.
- [Dallas Morning News Introduces Talmage Boston As Newest Contributing Columnist](https://shackelford.law/news/introducing-our-newest-contributing-columnist/) - In our ongoing effort to bring the best Dallas thinkers and writers to our readers, I’m glad to announce the newest Dallas Morning News contributing columnist: Talmage Boston.
- [Shackelford Attorneys Honored Among the Leading Litigators in the Country](https://shackelford.law/news/shackelford-attorneys-honored-among-the-leading-litigators-in-the-country/) - Seventeen Shackelford, Bowen, McKinley & Norton attorneys have earned recognition in the prestigious Lawdragon 500 Leading Litigators legal guide.
- [2023 Texas Super Lawyers Honors 10 Shackelford Attorneys](https://shackelford.law/news/2023-texas-super-lawyers-honors-10-shackelford-attorneys/) - Ten Shackelford, Bowen, McKinley & Norton attorneys, representing six unique practice areas, have been selected to the 2023 edition of Texas Super Lawyers.
- [Shackelford Earns 18 Best Law Firm Designations Across DFW, Houston and Nashville Offices](https://shackelford.law/news/shackelford-earns-18-best-law-firm-designations-across-dfw-houston-and-nashville-offices/) - Shackelford, McKinley & Norton, LLP has earned a total of 18 Best Law Firms® designations in 14 unique practice areas across the Dallas/Fort Worth, Houston and Nashville metropolitan markets.
- [NBAA-BACE Session Offers Tips to Avoid Dry Leasing Pitfalls](https://shackelford.law/news/nbaa-bace-session-offers-tips-to-avoid-dry-leasing-pitfalls/) - The concept behind leasing a business aircraft is not inherently complex, but leases can contain potential traps for those not up to speed on the vagaries.
- [Best Director, Bar None](https://digital.superlawyers.com/superlawyers/txsl23/MobilePagedReplica.action?pm=1&folio=14#pg14#new_tab) - Martha Hofmeister is the guiding hand behind the Dallas Bar's comedic variety show
- [21 Shackelford Attorneys Earn Recognition from Best Lawyers; David Norton Named Aviation Lawyer of the Year](https://shackelford.law/news/20-shackelford-attorneys-earn-recognition-from-best-lawyers-david-norton-named-aviation-lawyer-of-the-year/) - https://shackelford.law/news/20-shackelford-attorneys-earn-recognition-from-best-lawyers-david-norton-named-aviation-lawyer-of-the-year/
- [Logging PIC And SIC Flight Time.](https://shackelford.law/news-aviation/logging-pic-and-sic-flight-time/) - https://shackelford.law/news-aviation/logging-pic-and-sic-flight-time/
- [DOT Revises Second-Half 2023 SIFL Rates](https://shackelford.law/news-aviation/dot-revises-second-half-2023-sifl-rates/) - The U.S. Department of Transportation has revised the Standard Industry Fare Level (SIFL) rates for the six-month period from July 1, 2023 to December 31, 2023. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Lawdragon Selects Five Shackelford Attorneys Among Next Generation of Legal Leaders](https://shackelford.law/news/lawdragon-selects-five-shackelford-attorneys-among-next-generation-of-legal-leaders/) - Five Shackelford, McKinley & Norton, LLP attorneys, led by partner Joseph Colvin Jr., have been selected to the inaugural Lawdragon 500 X-Next Generation legal guide. Also honored are Saad Aziz, Watson Bowen, Rebekah Shulman and Artis Ulmer III.
- [Talmage Boston recognized by Dallas Historical Society](https://shackelford.law/news/talmage-boston-recognized-by-dallas-historical-society/) - Talmage Boston Recognized by Dallas Historical Society with “Dallas History Makers Awards for Excellence” The Dallas Historical Society is changing things up a bit for its fundraiser luncheon. It will be returning to the Fairmont on Friday, November 17 (aka the Friday before Thanksgiving), but it will have a new moniker. Instead of the “Awards For Excellence
- [LLC Members Do Not Own "The Aircraft"](https://shackelford.law/news-aviation/the-pre-flight-brief/llc-members-do-not-own-the-aircraft/) - I frequently speak with folks who are members of a limited liability company (“LLC”) that holds legal title to an aircraft. During those conversations these individuals, more often than I would like to admit, state that they “own” the aircraft. They usually go on to argue that they should be able to fly “their” aircraft
- [Is It An Accident Or An Incident, And Do I Need To Report?](https://shackelford.law/news-aviation/is-it-an-accident-or-an-incident-and-do-i-need-to-report/) - https://shackelford.law/news-aviation/is-it-an-accident-or-an-incident-and-do-i-need-to-report/
- [How To Work With The FAA In An Unauthorized Charter Compliance Action](https://shackelford.law/news-aviation/the-pre-flight-brief/how-to-work-with-the-faa-in-an-unauthorized-charter-compliance-action/) - If you find you are the target of an unauthorized charter investigation and it appears the FAA inspectors are willing to work with you using a compliance action (rather than go after you with legal enforcement action), here are a few suggestions for working through the process with the FAA. Initially, it is important to
- [What Are You Allowed To Do Inside Your Aircraft Hangar At An AIP Airport?](https://shackelford.law/news-aviation/what-are-you-allowed-to-do-inside-your-aircraft-hangar-at-an-aip-airport/) - What can you do inside of your aircraft hangar? The lawyerly answer is “it depends.” More specifically, it may depend in large part upon whether your hangar is on an airport that receives funds from the FAA through the Airport Improvement Program (“AIP”). If your hangar is on an airport that does not receive AIP
- [Did You Change Your Address And Forget To Tell The FAA?](https://shackelford.law/news-aviation/did-you-change-your-address-and-forget-to-tell-the-faa/) - As you should know if you hold an airman certificate, 14 C.F.R. §61.60 ( if you hold a pilot or instructor certificate) or 14 C.F.R. §65.21 (if you hold a mechanic, ATC or other certificate) require that certificate holders keep the FAA informed of their permanent mailing address. Why does the FAA want to be able to track you
- [When is the 100-Hour Inspection Due for Aircraft Used for Rental and Flight Instruction?](https://shackelford.law/news-aviation/when-is-the-100-hour-inspection-due-for-aircraft-used-for-rental-and-flight-instruction/) - If you work for or operate an FBO or flight school that offers aircraft rental as well as flight instruction, whether Part 61 or 141, you know the timing for completing aircraft inspections can sometimes be confusing. Now, I’m not talking about the annual inspection that must be conducted on all aircraft every twelve calendar
- [Pilot Veterans Collecting VA Disability Benefits Beware](https://shackelford.law/news-aviation/aviation-law-articles/pilot-veterans-collecting-va-disability-benefits-beware/) - As some of you may know from previous posts, the Department of Justice (“DOJ”) has been prosecuting certain pilots who are veterans and failed to disclose that they were receiving Veterans Administration (“VA“) disability benefits. In these cases, the VA benefits were based upon medical conditions that would likely have either disqualified the airmen from
- [Application of the UN Convention on Contracts for the International Sale of Goods to Business Aircraft Transactions](https://shackelford.law/news-aviation/application-of-the-un-convention-on-contracts-for-the-international-sale-of-goods-to-business-aircraft-transactions-2/) - In the current business aircraft sales market it is not uncommon for a transaction involving a business aircraft to have either a buyer or a seller from another country. In those situations, when the parties are drafting their aircraft purchase agreement, they should be aware that the United Nations Convention on Contracts for the International Sale
- [Shackelford, Bowen, McKinley & Norton Construction Attorneys Selected Among Best in Fort Worth](https://shackelford.law/news/shackelford-bowen-mckinley-norton-construction-attorneys-selected-among-best-in-fort-worth/) - Shackelford, Bowen, McKinley & Norton Construction Attorneys Selected Among Best in Fort Worth Matthew Motes, Bryan Kelly named to Fort Worth Magazine’s Top Attorneys list FORT WORTH, Texas – Shackelford, McKinley & Norton, LLP, partner Matthew Motes and associate Bryan Kelly have been selected among the leading construction transactions and litigation lawyers in Fort Worth for
- [FAA Certificates/Ratings Based Upon Military Pilot Experience: What Happens If A Certificate Is Later Revoked?](https://shackelford.law/news-aviation/faa-certificates-ratings-based-upon-military-pilot-experience-you-only-get-one-shot/) - As some of you may know, 14 C.F.R. 61.73 permits military, and former military, pilots to apply for certain FAA certificates and ratings based upon their military experience. The regulation lists the requirements that must be met for the FAA to issue a certificate or rating. Recently an airman asked whether Section 61.73 can be
- [Application of the UN Convention on Contracts for the International Sale of Goods to Business Aircraft Transactions](https://shackelford.law/news-aviation/application-of-the-un-convention-on-contracts-for-the-international-sale-of-goods-to-business-aircraft-transactions/) - By Gregory J. Reigel © April, 2019 All rights reserved. In the current business aircraft sales market it is not uncommon for a transaction involving a business aircraft to have either a buyer or a seller from another country. In those situations, when the parties are drafting their aircraft purchase agreement, they should be aware
- [Talmage Boston receives State Bar of Texas Litigation Section’s Luke Soules Award](https://shackelford.law/news/talmage-boston-receives-state-bar-of-texas-litigation-sections-luke-soules-award/) - The State Bar of Texas Litigation Section announced Dallas attorney Talmage Boston as the recipient of this year’s Luther (Luke) H. Soules III Award for Outstanding Service to the Practice of Law.
- [Frank Amini to be recognized in the 2023 Edition of Best Lawyers: Ones to Watch in America](https://shackelford.law/news/frank-amini-recognized-in-the-2023-edition-of-best-lawyers-ones-to-watch-in-america/) - We are proud to announce that 10 Shackelford litigators were selected to be recognized on The Best Lawyers in America© list.
- [Ugly Christmas Sweater Contest](https://shackelford.law/news/ugly-christmas-sweater-contest/) - The firm held an ugly sweater contest and the team did not disappoint! Guess who won? Happy Holidays from all of us at Shackelford, McKinley & Norton, LLP.
- [Arguments That Won’t Win A Drug Testing Refusal Case](https://shackelford.law/news-aviation/arguments-that-wont-win-a-drug-testing-refusal-case/) - If you are a safety sensitive employee (pilots, mechanics, flight attendants, dispatchers, etc.) working for Part 121 and 135 carriers, a maintenance provider who maintains aircraft on behalf of those carriers, or an operator who conducts non-stop sightseeing flights for compensation or hire under FAR § 91.147, you are all too familiar with your obligation
- [NY Times: Flying Alone With Your Kids? Make Sure You Have Proof of Your Relationship](https://shackelford.law/news/flying-alone-with-your-kids/) - Recent incidents at airports suggest that carrying your child’s birth certificate, passport or other documents will help mitigate alarming, and often time-consuming, incidents in security. By Debra Kamin Nov. 16, 2022, 5:00 a.m. ET Shimea Hooks was so focused on her carry-on full of pumped breast milk that at first she didn’t understand what the
- [Shackelford's Matt Motes Speaker at The Basic Construction Law Course in Austin, TX](https://shackelford.law/news/shackelfords-matt-motes-speaker-at-the-basic-construction-law-course-in-austin-tx-on-december-2-2022/) - Shackelford’s Matt Motes will be speaking on Mechanic’s Lien Law on December 2, 2022 for The Basic Construction Course In Texas Construction Law. Matt is an equity partner in Shackelford, McKinley & Norton, LLP, in its’ construction law section. Matt concentrates on construction matters from forming entities to litigation, including trials and final arbitration hearings.
- [Best Lawyers in America 2023](https://shackelford.law/news/best-lawyers-in-america-2023/) - Shackleford, Bowen, McKinley & Norton, LLP. is proud to announce that Jay Bowen, Jay W. Brown, David Norton, Stan Moore, David W. Elrod, Josh Northam, Hilary Borow, Martha H. Hofmeister, Steve J. Pawlowski, Talmage Boston, Lauren Kilgore, Worthy Walker, Mark McQuality, and Jim Zumwalt have been recognized as 2023 Best Lawyers in America. Also recognized as
- [Lawdragon 500 Leading Litigators in America 2023](https://shackelford.law/news/lawdragon-500-leading-litigators-in-america-2023/) - More than a dozen Shackelford lawyers are among the 500 attorneys named to Lawdragon 500’s inaugural class of Leading Litigators in America. Litigators in Dallas, Houston, Fort Worth, and Nashville were recognized. They are: Talmage Boston, Jay Bowen, Jay W. Brown, Henry ‘Bud’ Ehrlich, David W. Elrod, Martha H. Hofmeister, Lauren Kilgore, Mark McQuality, James
- [When May A Private Pilot Receive Compensation For Operating An Aircraft “Incidental to Employment?”](https://shackelford.law/news-aviation/when-may-a-private-pilot-receive-compensation-for-operating-an-aircraft-incidental-to-employment/) - I am frequently asked by private pilots whether they can be reimbursed for their use of either an owned or rented aircraft in connection with their employment. In certain limited circumstances, they may. However, to do that, private pilots must be clear on both the privileges and limitations allowed by the Federal Aviation Regulations (“FARs”)
- [Martha Hofmeister Honored by Dallas Bar Association for Community Involvement](https://shackelford.law/news/martha-hofmeister-honored-by-dallas-bar-association-for-community-involvement/) - October 11, 2022 DALLAS – Shackelford, Bowen, McKinley & Norton litigation partner Martha Hofmeister has been selected the 2022 recipient of the Dallas Bar Association’s Al Ellis Award for Community Involvement. This honor recognizes an attorney who is active and passionate about the betterment and improvement of the community at a local, state or national
- [Houston Trial Attorney Marianne Robak Joins Shackelford, Bowen, McKinley & Norton](https://shackelford.law/news/new-attorneys/houston-trial-attorney-marianne-robak-joins-shackelford-bowen-mckinley-norton/) - Firm also bolsters aviation, affordable housing expertise in Austin DALLAS – Business and commercial trial attorney Marianne Robak has joined Shackelford, McKinley & Norton, LLP, as a partner in the firm’s Houston office. “Clients have long trusted Marianne to lead their most important litigation,” said firm founder John Shackelford. “Her experience and expertise not only
- [Fly and Comply – Aviation Law with David Norton](https://shackelford.law/news/fly-and-comply-aviation-law/) - By MARK ANNICK / DAVID NORTON - September 15, 2022 On this episode of Keep It Legal, we discuss Aviation Law with David Norton, partner and head of the aviation practice at Shackelford, McKinley & Norton, LLP. Mr. Norton focuses solely on aviation law and has an internationally recognized practice that encompasses a broad range of business
- [DOT Revises Second-Half 2022 SIFL Rates](https://shackelford.law/news-aviation/dot-revises-second-half-2022-sifl-rates/) - The U.S. Department of Transportation has revised the Standard Industry Fare Level (SIFL) rates for the six-month period from July 1, 2022 to December 31, 2022. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Shackelford Aviation Partner Greg Reigel Elected Lawyer-Pilots Bar Association President](https://shackelford.law/news/greg-reigel-elected-pilots-bar-association-president/) - DALLAS – Greg Reigel, an aviation partner in the Dallas office of Shackelford, Bowen, McKinley & Norton, has been elected president of the Lawyer-Pilots Bar Association. “I am honored to be selected to lead the Lawyer-Pilots Bar Association for the next year and look forward to continuing the legacy of past LPBA presidents whose leadership
- [Attorney Matthew L. Motes Inducted as the 70th President for the Western Fort Worth Rotary Club](https://shackelford.law/news/attorney-matthew-l-motes-inducted-as-the-70th-president-for-the-western-fort-worth-rotary-club/) - July 5, 2022 FORT WORTH – Shackelford attorney, Matthew L. Motes, has been inducted as the 70th president of the Western Fort Worth Rotary Club. Mr. Motes will serve as president from July 1, 2022 - June 30, 2023.
- [Trial Attorneys Join Houston Office of<br/>Shackelford, Bowen, McKinley & Norton](https://shackelford.law/news/new-attorneys/trial-attorneys-join-houston-office-of-shackelford-bowen-mckinley-norton/) - June 7, 2022 DALLAS – Trial and appellate lawyer Brannon Dillard recently joined Shackelford, McKinley & Norton, LLP as a partner in the firm’s Houston office. Over the past 18 years, Mr. Dillard has represented businesses and individuals in a variety of litigation matters and appeals in state and federal courts across the country. His
- [Now Less Private: Business Aircraft Operations’ Pilot Records](https://shackelford.law/news-aviation/now-less-private-business-aircraft-operations-pilot-records/) - Business aircraft operators’ private flight operations under 14 C.F.R. part 91 (Part 91) are now a little less private. Under newly promulgated 14 C.F.R. part 111 (Part 111), certain Part 91 business aircraft operators must now comply with a number of requirements under the Pilot Records Improvement Act (PRIA), as amended, and the electronic Pilot Records Database (PRD) regulations.
- [Improper Aircraft “Dry” Leasing and Other Illegal Charter](https://shackelford.law/news-aviation/improper-aircraft-dry-leasing-and-other-illegal-charter/) - One of the most confusing issues facing business and general aviation aircraft operators is the question of whether they can operate their aircraft solely under the Federal Aviation Administration’s (FAA) general, or noncommercial, operating rules, or whether they must also obtain certification as a commercial operator and operate their aircraft under the applicable commercial rules.
- [Aircraft Hangar Lease: What Can A Tenant Expect?](https://shackelford.law/news-aviation/aircraft-hangar-lease-what-can-a-tenant-expect/) - If you own an airplane, you probably keep it in a hangar. You may own the hangar and lease the airport property beneath the hangar, you may lease both the hangar and the land beneath it, or you may simply lease space within a hangar that is owned/leased by a third-party. And the terms of
- [Earn $ in Your Plane? FAR 61.113 & Holding Out Discussion with Greg Reigel - InTheHangar](https://shackelford.law/news/earn-in-your-plane-far-61-113-holding-out-discussion-with-greg-reigel-inthehangar/) - We are proud to announce that 10 Shackelford litigators were selected to be recognized on The Best Lawyers in America© list.
- ['Never Become a Billable Hours Machine' and Other Guidance From a Texas Bar Honoree](https://shackelford.law/news/never-become-a-billable-hours-machine-and-other-guidance-from-a-texas-bar-honoree/) - We are proud to announce that 10 Shackelford litigators were selected to be recognized on The Best Lawyers in America© list.
- [Texas Bar Foundation Gives Talmage Boston Statewide Recognition](https://shackelford.law/news/texas-bar-foundation-gives-talmage-boston-statewide-recognition-2/) - We are proud to announce that 10 Shackelford litigators were selected to be recognized on The Best Lawyers in America© list.
- [Social Media & Co-Parenting: How Does It Work When It Comes To Divorce?](https://shackelford.law/news/social-media-co-parenting-how-does-it-work-when-it-comes-to-divorce/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [DOT Revises First-Half 2022 SIFL Rates](https://shackelford.law/news-aviation/dot-revises-first-half-2022-sifl-rates/) - The U.S. Department of Transportation has revised the Standard Industry Fare Level (SIFL) rates for the six-month period from January 1, 2022 to June 30, 2022. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Shackelford Bolsters IP Practice with Addition of Houston, Austin Partners](https://shackelford.law/news/shackelford-bolsters-ip-practice-with-addition-of-houston-austin-partners/) - On July 29, 2021, founding law firm partner Martha Hardwick Hofmeister of Dallas, Texas, was awarded Altrusa International, Inc.’s highest honor: the Eleanor Roosevelt Humanitarian Award.
- [Landlord's Post-Harvey Deductible Not Insured, 5th Circ. Says](https://shackelford.law/news/landlords-post-harvey-deductible-not-insured-5th-circ-says/) - On July 29, 2021, founding law firm partner Martha Hardwick Hofmeister of Dallas, Texas, was awarded Altrusa International, Inc.’s highest honor: the Eleanor Roosevelt Humanitarian Award.
- [Operation Safe Pilot All Over Again, But This Time FAA Cross-Checks Pilots With The VA Disability Database](https://shackelford.law/news-aviation/operation-safe-pilot-all-over-again-but-this-time-faa-cross-checks-pilots-with-the-va-disability-database/) - As some of you may know, the Department of Justice recently issued a Press Releaseannouncing that it had indicted four pilots for lying on their medical applications. In each case, the airman failed to disclose that he was receiving Veterans Administration (“VA”) benefits for a medical condition that would likely have either disqualified the airman from receiving a medical certificate,
- [The UN Convention on the International Sale of Goods: Does it Apply to Your Business Aircraft Transaction?](https://shackelford.law/news-aviation/the-un-convention-on-the-international-sale-of-goods-does-it-apply-to-your-business-aircraft-transaction/) - Do you use aircraft purchase agreements in business aircraft transactions? (Hint: You should!) If you do, you are probably aware that all good aircraft purchase agreements have a choice of law provision in which the parties are agreeing to the state law that will govern the agreement and any disputes arising from the agreement. But
- [Shackelford Partner Matt Motes Named Rotary Club of Western Fort Worth President](https://shackelford.law/news/shackelford-partner-matt-motes-named-rotary-club-of-western-fort-worth-president/) - On July 29, 2021, founding law firm partner Martha Hardwick Hofmeister of Dallas, Texas, was awarded Altrusa International, Inc.’s highest honor: the Eleanor Roosevelt Humanitarian Award.
- [Founding Partner, Martha Hardwick Hofmeister, Was Awarded The Eleanor Roosevelt Humanitarian Award](https://shackelford.law/news/founding-partner-martha-hardwick-hofmeister-was-awarded-the-eleanor-roosevelt-humanitarian-award/) - On July 29, 2021, founding law firm partner Martha Hardwick Hofmeister of Dallas, Texas, was awarded Altrusa International, Inc.’s highest honor: the Eleanor Roosevelt Humanitarian Award.
- [10 Shackelford Litigators Were Selected To Be Recognized on The Best Lawyers in America List](https://shackelford.law/news/10-shackelford-litigators-were-selected-to-be-recognized-on-the-best-lawyers-in-america-list/) - We are proud to announce that 10 Shackelford litigators were selected to be recognized on The Best Lawyers in America© list.
- [Cost Escalation: COVID Aftershocks Rocking the Contractor World](https://shackelford.law/news/cost-escalation-covid-aftershocks-rocking-the-contractor-world/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Can A Collection Facility Or Testing Lab Be Sued For Negligently Conducting Drug Testing? In Texas They Can.](https://shackelford.law/news-aviation/can-a-collection-facility-or-testing-lab-be-sued-for-negligently-conducting-drug-testing-in-texas-they-can/) - What happens when a drug testing collection facility or lab makes a mistake in conducting required drug testing? Well, in certain limited circumstances the mistake could afford a defense to regulatory actions against the employee based upon what would otherwise be a positive test. However, in most other circumstances the employee would suffer the regulatory
- [Illegal Charter](https://shackelford.law/news/illegal-charter/) - Footballer Emiliano Sala and his pilot died two years ago when an illegal charter flight crashed into the sea. How common is illegal charter and what can be done to combat the global problem?
- [Tips For Responding To FAA's Office Of Aerospace Medicine](https://shackelford.law/news-aviation/tips-for-responding-to-faas-office-of-aerospace-medicine/) - As you may know, the process for obtaining a special issuance medical certificate, or renewal of a special issuance, can be daunting. Depending on the condition, or set of conditions, an airman may be able to provide the AME with the necessary information to be submit in connection with an application. Alternatively, the airman may
- [Salesmanship Club makes millions for kids’ nonprofit as AT&T Byron Nelson moves north to McKinney](https://shackelford.law/news/salesmanship-club-makes-millions-for-kids-nonprofit-as-att-byron-nelson-moves-north-to-mckinney/) - Mike McKinley, president of the Salesmanship Club of Dallas, is practically giddy about how the AT&T Byron Nelson turned out.
- [COVID Vaccines In Aviation: What Pilots And Employers Need to Know](https://shackelford.law/news-aviation/covid-vaccines-in-aviation-what-pilots-and-employers-need-to-know/) - With the ever-changing landscape of COVID’s impact on the world and the now readily available vaccinations for the virus, many pilots (and their employers) have questions. I thought I would take a moment to address a couple of the questions I have received. What Is The FAA’s Position On Vaccines? The FAA does not have
- [Time to Get a Lawyer? Aviation Legal Issues - InTheHangar Ep 129 Feat. Greg Reigel](https://shackelford.law/news/time-to-get-a-lawyer-aviation-legal-issues-inthehangar-ep-129-feat-greg-reigel/) - On April 5th, the U.S. Supreme Court handed Google a victory in its prolonged dispute with Oracle. The dispute relates to Google’s use of Oracle’s Java Standard Edition (SE) application programming interface (API) in its Android platform.
- [Drafting An Aircraft Mechanic Lien Statement](https://shackelford.law/news-aviation/drafting-an-aircraft-mechanic-lien-statement/) - If you perform work, provide services, or furnish materials to an aircraft, you likely have the right to assert a lien against that aircraft. A lien may also arise from a lien claimant’s storage of an aircraft. Aircraft mechanic liens are governed by state law. And each state is a little bit different. However, most
- [So Google Beat Oracle at SCOTUS: What Does That Mean for My Software IP Strategy](https://shackelford.law/news/so-google-beat-oracle-at-scotus-what-does-that-mean-for-my-software-ip-strategy/) - On April 5th, the U.S. Supreme Court handed Google a victory in its prolonged dispute with Oracle. The dispute relates to Google’s use of Oracle’s Java Standard Edition (SE) application programming interface (API) in its Android platform.
- [Will The FAA Accept My Application For Registration?](https://shackelford.law/news-aviation/aviation-law-articles/will-the-faa-accept-my-application-for-registration/) - Applicant options for registering an aircraft with the FAA using Form 8500-1 application for aircraft registration.
- [Attorneys Should Avoid Any 'One-Size-Fits-All' Approach in Texas Winter Storm Claims](https://shackelford.law/news/attorneys-should-avoid-any-one-size-fits-all-approach-in-texas-winter-storm-claims/) - The insurance industry is processing an unprecedented amount of claims following the brutal winter storm that slammed through most of Texas last month,…
- [Finding Growth in a Changed World](https://shackelford.law/news/finding-growth-in-a-changed-world/) - NAFA member, David Mayer, Partner at Shackelford, McKinley & Norton, LLP, shares his perspective of business aviation amid the pandemic.
- [The Owner-Assisted Annual: How Much Assistance May The Aircraft Owner Provide?](https://shackelford.law/news-aviation/the-owner-assisted-annual-how-much-assistance-may-the-aircraft-owner-provide/) - Many repair facilities allow a small, general aviation aircraft owner to assist with an annual inspection to help reduce the cost of the inspection for the owner. An owner-assisted annual also provides the aircraft owner with an opportunity to learn more about the aircraft. But how much help is the aircraft owner permitted to provide?
- [Fraud Alert: Issues and Claims in a Complex Divorce](https://shackelford.law/news/fraud-alert-issues-and-claims-in-a-complex-divorce/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Before You File A Part 16 Complaint Against An AIP Airport Sponsor, Make Sure You Try To Settle.](https://shackelford.law/news-aviation/before-you-file-a-part-16-complaint-against-an-aip-airport-sponsor-make-sure-you-try-to-settle/) - Airport owners or operators (“Airport Sponsors”) who receive federal grant funds under the federal Airport Improvement Program (“AIP”) must agree to certain obligations and conditions. These obligations and conditions are commonly referred to as “Grant Assurances.” Sometimes an airport tenant may end up in a dispute with an Airport Sponsor if the tenant thinks the
- [Operational Control And Aircraft Leasing: What’s The Big Deal?](https://shackelford.law/news-aviation/aviation-law-articles/operational-control-and-aircraft-leasing-whats-the-big-deal/) - Can you legally switch aircraft data plates between two aircraft?
- [Pilots Flying Leased Aircraft Beware! Due Diligence Is Required To Protect Your Certificates.](https://shackelford.law/news-aviation/pilots-flying-leased-aircraft-beware-due-diligence-is-required-to-protect-your-certificates/) - The FAA is continuing its special emphasis on investigating and pursuing enforcement action against illegal charter operations. Many of these illegal operations involve leasing arrangements that are not compliant with the regulations, and that are sometimes referred to as “sham leasing” or “disguised charter.” When the FAA discovers such operations, it does not hesitate to
- [Lifelong Monitoring Now Required For Airmen Participating In The HIMS Program](https://shackelford.law/news-aviation/lifelong-monitoring-now-required-for-airmen-participating-in-the-hims-program/) - Airmen Medical Certification And Substance Dependence As you may know, an airman who has an alcohol or substance dependence does not qualify for issuance of an unrestricted airman medical certificate under 14 C.F.R. §§ 67.307(a)(4), 67.207(a)(4), and 67.107(a)(4). However, the Federal Air Surgeon in the FAA’s Office of Aerospace Medicine may issue an Authorization for
- [Thoughts on Being a Veteran](https://shackelford.law/news/thoughts-on-being-a-veteran/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Service to Country a Natural Progression to Honor](https://shackelford.law/news/service-to-country-a-natural-progression-to-honor/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [FAA’s Intentional Falsification Settlement Policy: Not Much Of An Offer](https://shackelford.law/news-aviation/faas-intentional-falsification-settlement-policy-not-much-of-an-offer/) - As you might imagine, the FAA has a dim view of intentional falsification cases. These situations arise when the FAA believes that a certificate holder (whether airman, mechanic, air carrier, repair station etc.) has intentionally falsified a required record. They range from airmen who have failed to disclose information on their applications for medical certificate
- [Shackelford Litigators Recognized as Best Lawyers in America](https://shackelford.law/news/shackelford-litigators-recognized-as-best-lawyers-in-america/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [Former U.S. Secretary of State James A. Baker, III, To Speak at Chiles Lecture Series at Baylor Law](https://shackelford.law/news/former-u-s-secretary-of-state-james-a-baker-iii-to-speak-at-chiles-lecture-series-at-baylor-law/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [Virtual Wine Tasting](https://shackelford.law/news/virtual-wine-tasting/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [U.S. Patent and Trademark Office (USPTO) <br> Final Patent Fee Changes Become Effective October 2, 2020](https://shackelford.law/news/u-s-patent-and-trademark-office-uspto-final-patent-fee-changes-become-effective-october-2-2020/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [Ross Robinson and Stan Moore Selected as Best Lawyer 2020](https://shackelford.law/news/ross-robinson-and-stan-moore-selected-to-2020-best-lawyers/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [Salesmanship Club of Dallas Elects Mike McKinley to Serve as its President](https://shackelford.law/news/salesmanship-club-of-dallas-elects-mike-mckinley-to-serve-as-its-president/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [DOT Revises Second-Half 2020 SIFL Rates](https://shackelford.law/news-aviation/dot-revises-second-half-2020-sifl-rates/) - The U.S. Department of Transportation has revised the Standard Industry Fare Level (SIFL) rates for the six-month period from July 1, 2020, to December 31, 2020. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Rejecting the Strategic Plan: How Shackelford Bowen Grows By Its Own Rules](https://shackelford.law/news/rejecting-the-strategic-plan-how-shackelford-bowen-grows-by-its-own-rules/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Part 91 Dry Leasing - David Norton](https://shackelford.law/news-aviation/part-91-dry-leasing-david-norton/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Safe Air Charter: Hiring and Operating Ride-Share and Air Taxi](https://shackelford.law/news/safe-air-charter-hiring-and-operating-ride-share-and-air-taxi/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [How To Respond To A Request For Re-Examination](https://shackelford.law/news-aviation/how-to-respond-to-a-request-for-re-examination/) - If you are involved in an accident or incident and the FAA finds out about it, which it usually does, it is quite possible that you may receive a letter from the FAA requesting that you submit to “reexamination.” This is also commonly referred to as a “709 Ride.” If you receive a letter like
- [Suing your insurer for denying pandemic coverage claims? Houston attorney weighs in ](https://shackelford.law/news/suing-your-insurer-for-denying-pandemic-coverage-claims-houston-attorney-weighs-in/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Rockets sue insurance carrier over arena’s lost events amid pandemic](https://shackelford.law/uncategorized/rockets-sue-insurance-carrier-over-arenas-lost-events-amid-pandemic/) - David Barron, Houston Chronicle | July 20, 2020 | Updated: July 20, 2020 8:53 p.m. The Rockets have filed suit in Rhode Island against the team’s insurance provider, which last month rejected the team’s claim for damages related to the shutdown of NBA games and concert performances in the wake of the COVID-19 pandemic. The
- [Illegal Charter - Under The Radar](https://shackelford.law/news/illegal-charter-under-the-radar/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [The How and Where of Discrepancy Maintenance Entries after an Annual Inspection](https://shackelford.law/news-aviation/aviation-law-articles/the-how-and-where-of-discrepancy-maintenance-entries-after-an-annual-inspection/) - Can you legally switch aircraft data plates between two aircraft?
- [Can You Overhaul An Aircraft Component Part If You Don't Disassemble the Part?](https://shackelford.law/news-aviation/can-you-overhaul-an-aircraft-component-part-if-you-dont-disassemble-the-part/) - The Scenario You are performing an inspection on an aircraft and you remove a component part. You then clean, inspect and reinstall the part. You don’t disassemble or assemble the part. You don’t perform any testing or repair of the part. Rather, you simply follow each of the steps and requirements in the applicable overhaul
- [Where Can A Mechanic With An Inspection Authorization Perform An Inspection?](https://shackelford.law/news-aviation/where-can-a-mechanic-with-an-inspection-authorization-perform-an-inspection/) - A mechanic who holds an inspection authorization (“IA“) recently asked me whether he could perform inspections both at his home base here in Texas and also at his home in Minnesota where he escapes the sometimes scorching heat of Texas summers. The mechanic knew that the IA issued by the FAA does not contain any
- [Presidential Leadership and Legal Professionalism - The ties that bind—part two.](https://shackelford.law/news/presidential-leadership-and-legal-professionalism-2/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Presidential Leadership and Legal Professionalism - The ties that bind—part one.](https://shackelford.law/news/presidential-leadership-and-legal-professionalism/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [It’s time to require senior citizen presidential candidates to undergo complete physicals](https://shackelford.law/news/its-time-to-require-senior-citizen-presidential-candidates-to-undergo-complete-physicals/) - In January 1965, Congress began moving toward passing a constitutional amendment in case poor health caused a president or vice president to leave office or need to be removed. The impetus for adding to the Constitution arose from concern about the fragility of the health of most recent presidents.
- [Six IP Professionals Join Shackelford, Bowen, McKinley & Norton in Dallas, Houston](https://shackelford.law/news/new-attorneys/six-ip-professionals-join-shackelford-bowen-mckinley-norton-in-dallas-houston/) - Business and entertainment law firm Shackelford, McKinley & Norton, LLP has expanded its intellectual property and corporate legal expertise with the addition of six IP professionals and a veteran corporate law attorney in Dallas and Houston.
- [Wearing Two Hats: Limitations Of A Pilot-Mechanic](https://shackelford.law/news-aviation/wearing-two-hats-limitations-of-a-pilot-mechanic/) - It isn’t uncommon for a company with an air carrier certificate for conducting 14 C.F.R. Part 135 operations to also hold a 14 C.F.R. Part 145 repair station certificate. In this situation, the company’s repair station business performs maintenance on both the aircraft operated by the air carrier as well as other aircraft. The company
- [Thinking About Swapping Data Plates Between Two Aircraft?  Don’t Do It.](https://shackelford.law/news-aviation/aviation-law-articles/thinking-about-swapping-data-plates-between-two-aircraft-dont-do-it/) - Can you legally switch aircraft data plates between two aircraft?
- [Insights From An FAA Illegal Charter Investigation](https://shackelford.law/news-aviation/aviation-law-articles/insights-from-an-faa-illegal-charter-investigation/) - Will parties to aircraft purchase agreements or other contracts be able to use COVID-19 (the “coronavirus) as a “force majeure” event to excuse performance?
- [Will The Coronavirus Be A Force Majeure Event Excusing Performance Under An Aircraft Purchase Agreement?](https://shackelford.law/news-aviation/aviation-law-articles/will-the-coronavirus-be-a-force-majeure-event-excusing-performance-under-an-aircraft-purchase-agreement/) - Will parties to aircraft purchase agreements or other contracts be able to use COVID-19 (the “coronavirus) as a “force majeure” event to excuse performance?
- [Filing Aircraft Registration Documents With The FAA Registry During The COVID-19 Pandemic: What You Need To Know](https://shackelford.law/news-aviation/filing-documents-with-the-faa-registry-during-the-covid-19-pandemic-what-you-need-to-know/) - The good news: The FAA Registry is still open and processing aircraft registration documents (for now). The bad news: ........
- [Understanding The “In Furtherance Of A Business” Limitation On Sport Pilot Privileges](https://shackelford.law/news-aviation/understanding-the-in-furtherance-of-a-business-limitation-on-sport-pilot-privileges/) - An airman holding a sport pilot certificate recently asked me if the airman could fly to a location where the airman anticipated having a business meeting. However, the airman indicated that he wasn’t necessarily flying to the location because he had to, but he wanted to in order to build time. Unfortunately, based upon those
- [Tips for Divorce Lawyers During the COVID-19 Pandemic](https://shackelford.law/news/tips-for-divorce-lawyers-during-the-covid-19-pandemic/) - Pandemics and world crises are not opportunities for gamesmanship. Advise your clients to review and abide by existing court orders.
- [Aviation Insurance Industry Faces Wrenching Changes](https://shackelford.law/news/aviation-insurance-industry-faces-wrenching-changes/) - Aviation insurance executives provided a bleak picture of the post-Covid-19 insurance industry during the Aviation Insurance Association (AIA) conference held via online videoconferencing throughout the month of May.
- [Disclosing Medical History On An FAA Application For Medical Certificate Is Not Limited To “Diagnoses”](https://shackelford.law/news-aviation/disclosing-medical-history-on-an-faa-application-for-medical-certificate-is-not-limited-to-diagnoses/) - If you have applied for an FAA medical certificate you know an applicant must complete FAA Form 8500-8GG via MedXPress and answer the questions on the form. The FAA uses the information disclosed on the application to determine whether an airman is qualified to hold a medical certificate issued under 14 C.F.R. Part 67. Question
- [Shackelford Attorney Martha Hardwick Hofmeister Joins Prestigious Commercial Law Group](https://shackelford.law/news/blog-post-clg/) - Recently, Shackelford founding partner Martha Hardwick Hofmeister became a member of the prestigious Commercial Law Group.
- [Here's When Experts Say It'll Be Safe to Go to a Concert](https://shackelford.law/news/covid-19/heres-when-experts-say-itll-be-safe-to-go-to-a-concert/) - The coronavirus pandemic has put a pause on concerts. At the end of March, most artists had announced that they were postponing or canceling their shows for the upcoming months. Even Coachella, one of the biggest music festivals held ever year in April, rescheduled the festival for October. However, with many artists continuing to postpone and cancel concerts as summer rolls in, when will it actually be safe to go to a concert again?
- [No SXSW means no economic boost for Austin, Texas](https://shackelford.law/news/covid-19/no-sxsw-means-no-economic-boost-for-austin-texas/) - South by Southwest, the massive film, music and technology conference that happens in Austin, Texas, every March, has been cancelled due to COVID-19 concerns. The festival organizers announced Friday that “the City of Austin has cancelled the March dates for SXSW and SXSW EDU.”
- [Virus-related Cancellations Bring ‘Force Majeure’ for Contracts Into Play](https://shackelford.law/news/covid-19/heres-when-experts-say-itll-be-safe-to-go-to-a-concert-2/) - It means “superior force” in French, but for many businesses “force majeure” is a contractual clause that relieves parties from meeting agreed terms when events, such as the spread of coronavirus, reach epidemic proportions.
- [The FAA Is Investigating Me: Now What?](https://shackelford.law/news-aviation/aviation-law-articles/the-faa-is-investigating-me-now-what/) - Will parties to aircraft purchase agreements or other contracts be able to use COVID-19 (the “coronavirus) as a “force majeure” event to excuse performance?
- [FAA’s Illegal Charter Questionnaire: Helping The FAA Determine Operational Control](https://shackelford.law/news-aviation/aviation-law-articles/faas-illegal-charter-questionnaire-helping-the-faa-determine-operational-control/) - Will parties to aircraft purchase agreements or other contracts be able to use COVID-19 (the “coronavirus) as a “force majeure” event to excuse performance?
- [Why Should An Aircraft Lessee Use An Operational Control Briefing?](https://shackelford.law/news-aviation/why-should-an-aircraft-lessee-use-an-operational-control-briefing/) - As many of you are aware, the FAA has increased both its investigation of and enforcement against illegal charter operators. One of the consequences of this heightened oversight is an increase in the FAA’s scrutiny of Part 91 dry-leasing structures. Using an operational control briefing in connection with those Part 91 flights can help minimize
- [Something’s Borrowed, Someone’s Blue](https://shackelford.law/news/somethings-borrowed-someones-blue/) - By BAA Staff - April 13, 2020 Today’s required social distancing makes travel via business aircraft more appealing than ever – and only adds to the temptation to pay to “borrow” a friend’s aircraft. But while we remain preoccupied with staying separate, the FAA and IRS remain on alert for folks paying to use a
- [FAA Provides Deadline Relief To Pilots And Air Carriers](https://shackelford.law/news-aviation/faa-provides-deadline-relief-to-pilots-and-air-carriers/) - In response to the havoc created by the COVID-19 pandemic, the FAA took action to provide relief to the aviation industry. The FAA did this by both granting exemptions and by temporarily revising its enforcement policy. In both instances, it is providing relief to airmen and air carriers who may be prevented from completing certain
- [Pandemic Prompting More To Consider Divorce](https://shackelford.law/news/pandemic-prompting-more-to-consider-divorce/) - DALLAS (KRLD) - Thanks to the abrupt lifestyle changes forced by the coronavirus, some marriages that were already strained are now crumbling. Dallas attorney Carson Steinbauer is a family law partner at Shackelford, Bowen, McKinley and Norton. Since more people have been trapped at home by shelter-in-place orders, she said her firm is fielding a lot
- [Business Issues in a Divorce and the Myth of Receiverships](https://shackelford.law/news/business-issues-in-a-divorce-and-the-myth-of-receiverships/) - Texas is the number one state in the nation to start a business in, according to a recent study by WalletHub. This is great news for entrepreneurs… By Carson Epes Steinbauer, Worthy Walker, and David Elrod | December 10, 2019 at 04:49 PM Texas is the number one state in the nation to start a business in, according to
- [DOT And FAA Provide Guidance, But No Relief, To Aviation Employers Facing COVID-19 Drug And Alcohol Testing Issues](https://shackelford.law/news-aviation/dot-and-faa-provide-guidance-but-no-relief-to-aviation-employers-facing-covid-19-drug-and-alcohol-testing-issues/) - Department of Transportation (“DOT“) drug and alcohol testing is still required during the COVID-19 pandemic However, both the DOT and the Federal Aviation Administration (“FAA“) recently issued guidance to aviation employers who are required to conduct testing. In both cases, the guidance indicates that it is sympathetic to the drug and alcohol testing challenges faced
- [Talmage Boston Advises Sports Teams on the Legal Concerns Arising From Coronavirus](https://shackelford.law/uncategorized/talmage-boston-advises-sports-teams-on-the-legal-concerns-arising-from-coronavirus/) - Sports properties that host thousands of fans amid concerns about the coronavirus could be exposing themselves to potentially costly civil litigation.
- [Client Alert - Coronavirus](https://shackelford.law/uncategorized/client-alert-coronavirus/) - To help you prepare, we have prepared Frequently Asked Questions regarding the impact of this virus (COVID-19) on employers and employees. Learn more here. 
- [COVID-19 ALERT for Employers](https://shackelford.law/uncategorized/client-alert-what-employers-need-to-know-about-the-families-first-coronavirus-response-act-ffcra/) - On March 18, 2020 the Senate passed and President Trump signed the FFCRA. Provisions of this bill are anticipated take effect no later than April 2, 2020.
- [Shackelford’s Family Law Team is Currently Fully Operational](https://shackelford.law/news-family-law/family-law-team-fully-operational-covid-19/) - Shackelford’s Family Law Team is currently fully operational and here to help you and your family during the COVID-19 global pandemic.
- [CLIENT ALERT - Force Majeure Provisions and Contractual Defenses in the Face of COVID-19](https://shackelford.law/uncategorized/client-alert-force-majeure-provisions-and-contractual-defenses-in-the-face-of-covid-19/) - As businesses face the prospect of contractual breaches due to the impact of COVID-19, force majeure provisions and other contractual defenses are...
- [COVID-19 ALERT for Employers - FFCRA is effective as of March 20, 2020](https://shackelford.law/uncategorized/covid-19-alert-for-employers-ffcra-is-effective-as-of-march-20-2020/) - The Department of Labor has announced that as of March 20, 2020, covered employers can begin taking advantage of the two new refundable payroll tax credits.
- [Midsize Texas Firm Expands in Lone Star State, Takes 7 From Winstead](https://shackelford.law/news/new-attorneys/midsize-texas-firm-expands-in-lone-star-state-takes-7-from-winstead/) - Shackelford, Bowen, McKinley & Norton grows to 57 lawyers in five offices in Texas and in Nashville. By Brenda Sapino Jeffreys | June 05, 2019 at 04:59 PM Stephen Wedemeyer, Jay Brown and Bruce Wilkin of Shackelford, Bowen, McKinley & Norton (Courtesy Photos) Shackelford, Bowen, McKinley & Norton, which has four offices in Texas, added a fifth in Houston,
- [Talmage Boston Addresses Astros Lawsuits in Houston Chronicle](https://shackelford.law/uncategorized/astros-lawsuits-face-complicated-path-toward-trial/) - David Barron, Houston Chronicle | February 19, 2020 | Updated: Feb. 19, 2020 7:59 p.m. With three potential class action lawsuits pending against the Astros in Harris County courts, the scene is set for what attorneys say is a multi-layered, landmark legal battle that could test the wits and knowledge of lawyers, judges and jurors and
- [Shackelford Clients Receive Grammy Awards and Nominations in 2020](https://shackelford.law/news/shackelford-clients-receive-grammy-awards-and-nominations-in-2020/) - A number of Shackelford's Nashville clientele brought home Grammy Awards this year, and even more of our clients received nominations. The grand totals are eleven nominations and six Grammys. Jim Zumwalt began representing Tanya Tucker in 2007 after her father passed away. Ms. Tucker has not yet been elected into the Country Music Hall of
- [When Is An Arbitration Clause In An Aircraft Purchase Agreement Enforceable?](https://shackelford.law/news-aviation/when-is-an-arbitration-clause-in-an-aircraft-purchase-agreement-enforceable/) - As with many legal questions, the lawyerly answer is “it depends.” However, generally speaking, yes, arbitration clauses in aircraft purchase agreements are enforceable. Here’s why. Courts favor arbitration. Whether a claim is subject to arbitration will depend on the contractual language in the purchase agreement. A court will presume a claim is subject to arbitration
- [Three Shackelford Attorneys Recognized in 2020 Lawdragon 500 Leading Family Lawyers](https://shackelford.law/uncategorized/three-shackelford-attorneys-recognized-in-2020-lawdragon-500-leading-family-lawyers/) - What an honor for three of our Shackelford attorneys. Keeli Rule, Josh Northam, and Carson Steinbauer all made the 2020 list of the Lawdragon 500 Leading Family Lawyers. The list recognizes the best family law attorneys for divorce, separation, asset division and custody issues. Complex issues such as these are demanding enough - rising to
- [Using Conditions Precedent In Aircraft Purchase Agreements to Protect Sellers, And Buyers.](https://shackelford.law/news-aviation/using-conditions-precedent-in-aircraft-purchase-agreements-to-protect-sellers-and-buyers/) - An aircraft owner must consider a variety of issues when the owner is entering into a purchase agreement to sell an aircraft. One of the biggest concerns an aircraft owner faces is making sure that the buyer is not able to assert claims against the owner after the buyer takes delivery and the transaction closes.
- [ADS-B Compliance:  The Potential Consequences Of Violating Rule Airspace](https://shackelford.law/news-aviation/aviation-law-articles/ads-b-compliance-the-potential-consequences-of-violating-rule-airspace/) - As most aircraft operators know, or should know, aircraft must now be equipped with ADS-B Out in order to fly in most airspace within the U.S. Although it is possible to take advantage of limited waivers or exceptions, generally speaking ADS-B Out is required for operations in “Rule Airspace.” In connection with this requirement, the
- [Southwest Responds to Gov’t Report Outlining Safety Concerns](https://shackelford.law/news/southwest-responds-to-govt-report-outlining-safety-concerns/) - NBC 5 | January 31, 2020 at 01:21 AM -- Shackelford attorney David Norton interviews with NBC 5 on the recent Southwest / FAA report regarding regulatory oversight. Southwest Airlines said it was disappointed with a draft report of a government audit that claimed the Dallas-based carrier failed to prioritize safety by flying
- [Shackelford Law Firm Hires Three Attorneys For Affordable Housing Team](https://shackelford.law/news/new-attorneys/shackelford-law-firm-hires-three-attorneys-for-affordable-housing-team/) - December 18, 2019 Dallas-based law firm Shackelford, McKinley & Norton, LLP, has added three attorneys to its affordable housing team. Donald Cunningham, Jr., will head up their new Baton Rouge, Louisiana office. Kara Hargrove and Esther Lee will work in Dallas. Mr. Cunningham has vast legal expertise in public financing, affordable housing, housing tax
- [Aiming A Laser At An Aircraft May Result In Assessment Of A Civil Penalty](https://shackelford.law/news-aviation/aiming-a-laser-at-an-aircraft-may-result-in-assessment-of-a-civil-penalty/) - Intentionally aiming a laser at an aircraft in flight is a crime under both federal law (18 U.S.C. § 39A) and many state laws (TX Penal Code § 44.14, as one example). Sentences for individuals found guilty of aiming a laser at an aircraft have ranged from fines and probation to serious prison time.
- [Michelle Morgan Named to Texas Health Resources Foundation Board of Trustees](https://shackelford.law/news/michelle-morgan-named-to-texas-health-resources-foundation-board-of-trustees/) - Texas Health Resources Foundation has selected Shackelford partner Michelle Morgan to serve on its board of trustees. The board is comprised of more than a dozen practicing physicians, community leaders, and business and legal professionals throughout the state. Texas Health Resources Foundation strives to enhance the delivery of quality patient care to sustain the
- [Aircraft Mechanic Refresher: 9 Points To Remember](https://shackelford.law/news-aviation/aircraft-mechanic-refresher-9-points-to-remember/) - Aircraft mechanics, like other aviation certificate holders, are subject to many regulatory requirements – both with respect to obtaining their certification as well as how they exercise the privileges of their certificates. And although mechanics may be familiar with these obligations, sometimes it helps to be reminded of some of the specific requirements with which
- [Aircraft Mechanic/Artisan Liens: What To Do When The Aircraft Owner Or Operator Has Not Paid](https://shackelford.law/news-aviation/aircraft-mechanic-artisan-liens-what-to-do-when-the-aircraft-owner-or-operator-has-not-paid/) - Aircraft mechanic/artisan liens can be tricky. In addition to the federal filing requirement, each state has its own specific requirements governing the perfection, priority and enforcement of these liens. Those who store, repair, or maintain a customer’s aircraft, or who provide other materials to that aircraft should be familiar with these liens for situations where
- [A Practitioner's Guide to the Perfection, Priority, and Enforcement of an Aircraft Mechanic's Lien](https://shackelford.law/wp-content/uploads/2019/12/Reigel-6-Phoenix-L-Rev-281.pdf)
- [FAA Is Requiring Increased Surveillance Of UAS Operators By Local FSDOs](https://shackelford.law/news-aviation/faa-is-requiring-increased-surveillance-of-uas-operators-by-local-fsdos/) - Unmanned Aircraft Systems (“UAS“) operations are here to stay. And with that realization, the FAA continues to implement, revise and clarify its enforcement and compliance program to address UAS operations. Its latest guidance, Order 8900.529, FAA is requiring increased surveillance of UAS based upon analyses reflecting an increase in UAS sightings that pose potential risks
- [FAA Oversight Of Part 135 Drone Operations: What Can Operators Expect?](https://shackelford.law/news-aviation/faa-oversight-of-part-135-drone-operations-what-can-operators-expect/) - As you may know, the FAA is charged with oversight of the the national airspace (“NAS“) and aircraft operations conducted within the NAS. This includes making sure that that air carriers (those who transport persons or property for compensation or hire – Part 121 and 135 operators) are complying with heightened regulatory requirements applicable to
- [What Happens To Your Medical Certificate Application After The Examination?](https://shackelford.law/news-aviation/what-happens-to-your-medical-certificate-application-after-the-examination/) - If you have ever applied for an FAA medical certificate, you know the first step is to complete your application online at MedExpress. Next, you schedule and submit to a physical examination with an FAA aviation medical examiner (“AME”). At that point though, the process isn’t necessarily the same for all applicants. For about 96%
- [Understanding How The FAA Processes Medical Certificate Applications](https://shackelford.law/news-aviation/understanding-how-the-faa-processes-medical-certificate-applications/) - For most airmen, obtaining a medical certificate is a straight-forward process. They apply online, go to see their AME and walk out with a medical certificate. For a small percentage of airmen, that is just the beginning of the process. But whether an AME issues or defers an airman’s application for a medical certificate, that
- [The Flight Department Company Trap](https://shackelford.law/news-aviation/the-flight-department-company-trap/) - Businesses and individuals face many regulatory issues in connection with owning or operating an aircraft. Aircraft owners or operators who are unfamiliar with the limitations imposed by the applicable regulations may unnecessarily expose themselves to liability for non-compliance. For example, aircraft owners or operators commonly attempt to shield their liability by creating some form of
- [Illegal Charter Doesn't Just Happen In Business Jets](https://shackelford.law/news-aviation/illegal-charter-doesnt-just-happen-in-business-jets/) - As you may know, the FAA has recently increased its investigations into illegal charter activities and is vigorously pursuing enforcement against operators conducting illegal charter flights. Many of the publicized cases have involved owners and operators of business jets with civil penalty assessments in excess of a million dollars. However, the FAA doesn’t just pursue
- [Visit the newly expanded Aviation section on shackelford.law website!](https://shackelford.law/news/new-attorneys/visit-the-newly-expanded-aviation-section-on-shackelford-law-website/) - We have integrated hundreds of articles as well as a wealth of information on significant industry related laws and regulations. We are proud to present to our clients alternate perspectives and practical, real-world solutions for their aviation and business legal problems. Click here to find out more: https://shackelford.law/industries/aviation/
- [Tips For Renting Your Aircraft](https://shackelford.law/news-aviation/tips-for-renting-your-aircraft/) - If you own an aircraft and are not utilizing it as much as you would like or if you would like to try and recover some of the cost of owning the aircraft, you may have thought about renting your aircraft to other pilots. As a practical matter, that makes some sense. But before you
- [When Bad Things Happen To Good Aircraft Buyers](https://shackelford.law/news-aviation/when-bad-things-happen-to-good-aircraft-buyers/) - Have you ever heard horror stories about someone purchasing an aircraft only to later have to fight with someone else over who is the rightful owner? Or how about when a third-party attempts to enforce a lien against an aircraft for an obligation for which the previous owner was responsible? Perhaps you are someone who
- [Flight Into Known Icing Conditions: An Enforcement Action Waiting To Happen, Or Worse?](https://shackelford.law/news-aviation/flight-into-known-icing-conditions-an-enforcement-action-waiting-to-happen-or-worse/) - Winter will be here soon. And with the arrival of colder temperatures, flight service station briefings will more often than not include the perennial “AIRMET ‘X’ for occasional light to moderate rime and mixed icing in clouds and precipitation.” Thus, the timing is good for review of a recent National Transportation Safety Board (“NTSB”) decision
- [Airline Pilot Pleads Guilty To Operating Aircraft While Intoxicated](https://shackelford.law/news-aviation/airline-pilot-pleads-guilty-to-operating-aircraft-while-intoxicated/) - According to the FAA’s Office of Inspector General (“OIG”), a former commercial pilot who flew for Vacation Express/Sky King Airlines has pled guilty in U.S. District Court in Scranton, PA to a felony charge of operating a common carrier while under the influence of alcohol. The OIG’s press release states that on May 12, 2004
- [Malaysia Is Eighth Country To Ratify Cape Town Treaty](https://shackelford.law/news-aviation/malaysia-is-eighth-country-to-ratify-cape-town-treaty/) - Malaysia has acceded to the Cape Town Treaty and accompanying Protocol relating to aircraft. In addition to Malaysia, eight other countries have ratified or acceded to the Cape Town Treaty including Ethiopia, Ireland, Nigeria, Oman, Pakistan, Panama and the United States. With Malaysia’s accession, the treaty is set to go into effect March 1, 2006.
- [Random Drug And Alcohol Testing Percentage Rates of Covered Aviation Employees To Remain The Same For 2006](https://shackelford.law/news-aviation/random-drug-and-alcohol-testing-percentage-rates-of-covered-aviation-employees-to-remain-the-same-for-2006/) - According to a Notice published by the FAA today, the “minimum random drug and alcohol testing percentage rates for the period January 1, 2006, through December 31, 2006, will remain at 25 percent of covered aviation employees for random drug testing and 10 percent of covered aviation employees for random alcohol testing.” In 2004, the
- [FAA Issues Supplemental Oxygen Direct Final Rule](https://shackelford.law/news-aviation/faa-issues-supplemental-oxygen-direct-final-rule/) - The FAA today published a Direct Final Rule amending its regulation on the use of pilot supplemental oxygen. According to the rule, “[t]he amendment changes the flight level at which the remaining pilot at the controls of the airplane must put on and use his oxygen mask if the other pilot at any time leaves
- [Dallas Attorneys Joshua Northam, Benjamin Sparks Join Shackelford, McKinley & Norton, LLP](https://shackelford.law/news/new-attorneys/northam-sparks-join/) - DALLAS – The business and entertainment law firm Shackelford, McKinley & Norton, LLP is pleased to announce that civil litigator and family law attorney Joshua Northam and tax and financial services attorney Benjamin Sparks are joining the firm’s Dallas office. Mr. Northam joins as partner, and Mr. Sparks as of counsel. “Josh and Ben are
- [Dallas Attorney John Shackelford Discusses Impact of High Court Housing Case on Financial Institutions](https://shackelford.law/news/impact-high-court-housing-financial-institutions/) - DALLAS – Law360 recently published an article regarding the Supreme Court of the United States hearing arguments on a Texas housing case. Dallas attorney John Shackelford commented on the case in the Law360 piece and on an interview with KERA-FM Dallas. Click the music player below to hear the interview: Read an excerpt from the
- [Shackelford, Bowen, McKinley & Norton Bolsters Legal Expertise in All Offices](https://shackelford.law/news/new-attorneys/shackelford-bowen-mckinley-norton-bolsters-legal-expertise-in-all-offices/) - Firm adds health care litigation partners in Dallas and Austin DALLAS – Shackelford, McKinley & Norton, LLP, is proud to announce the addition of four attorneys as the firm expands its litigation and counseling services in its Texas offices in Dallas, Austin and in Nashville, Tennessee. To learn more about Shackelford, Bowen, McKinley & Norton,
- [Martha Hardwick Hofmeister, Mark McQuality and Jay Bowen named to "Best Lawyers" by BL Rankings for 2016](https://shackelford.law/news/four-of-the-firms-attorneys-were-selected-for-inclusion-in-the-best-lawyers-of-america-2016/) - The two principals in the Dallas office selected as Best Lawyers are Martha Hardwick Hofmeister, Commercial Litigation, and Mark McQuality, Construction and Construction Law Litigation. Both Hofmeister and McQuality have been selected in their respective categories for five consecutive years. In Nashville, partners Jay Bowen (Commercial Litigation) was named among the Best Lawyers in America
- [Commercial Litigation](https://shackelford.law/expertise-item/commercial-litigation/)
- [Corporate Law and Transactions](https://shackelford.law/expertise-item/corporate-law-transactions/)
- [Texas Bar Foundation Gives Talmage Boston Statewide Recognition](https://shackelford.law/news/new-attorneys/texas-bar-foundation-gives-talmage-boston-statewide-recognition/) - Talmage Boston of Dallas received the 2019 Terry Lee Grantham Memorial Award from the Texas Bar Foundation. The Terry Lee Grantham Memorial Award was endowed through the Texas Bar Foundation in 2014 in honor and memory of Terry Lee Grantham by his family and friends who were so richly blessed by his love, friendship and
- [High Flying](https://shackelford.law/news/high-flying/) - The FAA just made your life a little easier. As of January 22, if your aircraft is properly equipped with ADS-B Out, you are automatically authorized to fly in domestic RVSM airspace. What Does That Mean? A key air traffic control function is to keep aircraft safely separated. A basic way of doing so
- [Operation Safe Pilot All Over Again](https://shackelford.law/news-aviation/operation-safe-pilot-all-over-again/) - In August, 2018, the Department of Justice issued a Press Release announcing that it had indicted four pilots for making false statements on their medical applications. In each case, the airman failed to disclose that the airman was receiving Veterans Administration (“VA”) benefits for a medical condition that would likely have either disqualified the airman from receiving a medical
- [New Shackelford Law Website Launches with Unique .law Domain](https://shackelford.law/news/new-shackelford-law-website-launches-with-unique-law-domain/) - Dallas, TX, May 20, 2019 -- Shackelford, McKinley & Norton, LLP, a law firm headquartered in Dallas, Texas, recently published a newly redeveloped website featuring .law instead of .com as the domain identification. John Shackelford, Managing Partner, explained, “In many ways our website has become the ‘front door’ to our firm. In addition to presenting
- [Shackelford Attorneys Receive Recognitions](https://shackelford.law/news/shackelford-attorneys-receive-recognitions/) - The attorneys of Shackelford, McKinley & Norton, LLP continue to be the standard of excellence for lawyers across the country. Over the past year, 15 of our lawyers have received recognition from lists such as Texas Super Lawyers, Best Lawyers in America, Texas Rising Stars and Tennessee Rising Stars for their successes. Our Texas Super
- [Lauren Spahn Listed As an Emerging Leader Finalist](https://www.nashvillepost.com/business/awards/article/21069074/chamber-announces-emerging-leader-awards-finalists#new_tab) - The Nashville Area Chamber of Commerce and YP Nashville Thursday announced the 2019 finalists for the Nashville Emerging Leader Awards.
- [Shackelford Showcases New Team of Attorneys at Houston Office Location](https://shackelford.law/news/new-attorneys/shackelford-law-firm-showcases-new-team-of-attorneys-at-houston-office-location/) - Mid-sized Texas Law Firm Expands to 57 Lawyers Throughout Six Locations.Dallas, TX, June 13, 2019 -- Dallas-based law firm Shackelford, McKinley & Norton, LLP opened its sixth location in Houston on Monday, June 3rd. The mid-sized law firm grew to 57 lawyers with the addition of seven former Winstead PC attorneys added to the team.
- [Tax Considerations When Buying An Aircraft](https://shackelford.law/news-aviation/tax-considerations-when-buying-an-aircraft-2/) - Do you use aircraft purchase agreements in business aircraft transactions? (Hint: You should!) If you do, you are probably aware that all good aircraft purchase agreements have a choice of law provision in which the parties are agreeing to the state law that will govern the agreement and any disputes arising from the agreement. But
- [Notifying The FAA Of A Change Of Address](https://shackelford.law/news-aviation/notifying-the-faa-of-a-change-of-address-2/) - The FAA wants to be able to track you down. Why? Aside from the obvious compliance and enforcement reasons, the FAA also wants to keep airmen informed of seminars (e.g. Wings programs etc.), to request input from airmen regarding local issues (e.g. airspace design, airport closure etc.) and to provide airmen with any other aviation
- [What Will The FAA Say About You?](https://shackelford.law/news-aviation/what-will-the-faa-say-about-you/) - If you are a pilot or hold any other airman or medical certificate, the FAA has personal information about you. Depending upon how many certificates and/or ratings you hold, or if you have been involved in any type of enforcement proceeding, the FAA could have a significant amount of your personal information. The question many
- [Cellular Telephones And PDA's In The Cockpit](https://shackelford.law/news-aviation/cellular-telephones-and-pdas-in-the-cockpit-2/) - Can you use a cellular telephone in a private, general aviation aircraft? What about personal digital assistants (“PDA’s”)? MP3 players? CD players? Laptop computers? With the proliferation of cellular telephones and portable electronic devices (“PED’s”), these questions are more and more frequent. This article will give you some answers to these questions. However, as you
- [Carrying Firearms On Aircraft](https://shackelford.law/news-aviation/carrying-firearms-on-aircraft-2/) - A client recently asked me whether he could carry a firearm on an aircraft. As usual, my lawyerly answer was “it depends”. What does it depend upon? Well, for starters, what type of firearm? Will it be carried concealed or on the person (e.g. using a concealed carry weapon “CCW” permit), or will it be
- [Cabotage and International Operation of Corporate Aircraft](https://shackelford.law/news-aviation/cabotage-and-international-operation-of-corporate-aircraft/) - Most countries have laws regulating the airspace over their lands. Each time an aircraft enters a foreign country’s airspace, the aircraft operator must comply with that country’s regulations affecting flight operations and the carriage of passengers. Particularly with respect to passengers, the majority of countries have rigid limitations on who may be carried within their
- [Guarding The Gate: Flight Instructors Duties Under TSA’s Alien Flight Training/Citizenship Validation Rule](https://shackelford.law/news-aviation/guarding-the-gate-flight-instructors-duties-under-tsas-alien-flight-training-citizenship-validation-rule-2/) - If you are a Certified Flight Instructor (“CFI”) and you have wanted to somehow contribute to post-9/11 aviation security, now is your chance. Even if such a desire wasn’t high on the priority list, unfortunately, CFI’s no longer have a choice. Under the new Transportation Security Administration (“TSA”) Alien Flight Training Rule, CFI’s now have a legal
- [Understanding and Negotiating the Airport Lease](https://shackelford.law/news-aviation/understanding-and-negotiating-the-airport-lease-2/) - Failure to understand the terms and conditions of an airport lease could leave your business out in the cold. Careful attention to some of the following lease provisions can protect you and your business. Lease Term. This provision deals with the duration of the lease. Specifically, you need to know when the lease actually starts.
- [Obtaining An Exemption From A Federal Aviation Regulation](https://shackelford.law/news-aviation/obtaining-an-exemption-from-a-federal-aviation-regulation/) - The rules exist for a reason. So we are told. But must we always follow the rules? Not necessarily. Sometimes it is possible to receive an exemption or excuse from compliance with certain rules. In the aviation world, it is possible to obtain an exemption from certain Federal Aviation Regulations (“FAR’s”). As matter of fact,
- [Flying Into Canada After A DWI or DUI Conviction](https://shackelford.law/news-aviation/flying-into-canada-after-a-dwi-or-dui-conviction/) - Living here in Minnesota next to the “Great White North,” flights to and from Canada are a daily occurrence. Many of my clients have cabins in Canada. My charter clients fly passengers to the various lodges during the prime Canadian fishing season. One issue that has been discussed with greater frequency lately is the effect
- [The Do’s and Do Not’s of Aircraft Accident and Incident Reporting](https://shackelford.law/news-aviation/the-dos-and-do-nots-of-aircraft-accident-and-incident-reporting/) - An airman recently asked me whether he needed to report an aircraft “mishap” in which he was involved to the FAA or NTSB. When I told him it would depend upon exactly what type of “mishap” he was referring to, he provided me with a more detailed explanation of what had happened. With this information
- [Inspection Authorization: Are You "Actively Engaged"?](https://shackelford.law/news-aviation/inspection-authorization-are-you-actively-engaged/) - If you hold a mechanic certificate with airframe and powerplant ratings, you know that you need an inspection authorization (“IA”) issued under FAR 65.91 in order to perform and sign off on an annual or progressive inspection, or to inspect an aircraft and return it to service after a major repair or major alteration. In order to
- [Wearing Two Hats - Limitations of a Flying Mechanic](https://shackelford.law/news-aviation/wearing-two-hats-limitations-of-a-flying-mechanic/) - These days, it isn’t uncommon for a company with an air carrier certificate for conducting part 135 operations to also hold a Part 145 repair station certificate. In this situation, the company’s repair station business performs maintenance on both the aircraft operated by the air carrier as well as other aircraft. For smaller businesses, it
- [When Does an Individual's Employment Record Relate to "Pilot Performance" or "Professional Competence" Under PRIA?](https://shackelford.law/news-aviation/when-does-an-individuals-employment-record-relate-to-pilot-performance-or-professional-competence-under-pria/) - When an individual applies for a pilot position with a Part 121 or 135 air carrier, 49 USC §44703(h)-(j), the Pilot Records Improvement Act (“PRIA”), requires that air carrier to make certain requests to the FAA and the pilot’s other employers for records relating to the pilot. In addition to certain specific information air carriers must
- [Safety Pilot Questions Answered](https://shackelford.law/news-aviation/safety-pilot-questions-answered-2/) - If you are an instrument rated pilot, you know that you have to be “current” in order to legally exercise the privileges of the instrument rating as pilot in command. Specifically, in order to act as pilot in command of an instrument flight 14 C.F.R. 61.57(c) requires that the airman must have performed and logged (1) six
- [Drone Registration: Just In Time For The Holidays?](https://shackelford.law/news-aviation/drone-registration-just-in-time-for-the-holidays-2/) - As you may know, the FAA is working on regulations that will govern the operation of unmanned aircraft systems (“UAS”), more commonly and colloquially referred to as “drones.” With the concern that thousands of drones will be flying off the shelves this Christmas, the concern and, in some circles panic, has gotten the FAA’s attention.
- [D.C. Circuit Court of Appeals Grounds Flytenow & AirPooler Private Pilot Flight-Sharing Concept](https://shackelford.law/news-aviation/d-c-circuit-court-of-appeals-grounds-flytenow-airpooler-private-pilot-flight-sharing-concept/) - As you may know, one of the ways a private pilot is permitted to reduce the cost of a particular flight is to share that expense with the passenger(s) on the flight. The applicable regulation, 14 CFR 61.113(a), provides that “no person who holds a private pilot certificate may act as pilot in command of an
- [What Are A Secured Party's Rights And Options After Repossessing An Aircraft In Texas?](https://shackelford.law/news-aviation/what-are-a-secured-partys-rights-and-options-after-repossessing-an-aircraft-in-texas-2/) - What Are A Secured Party’s Rights And Options After Repossessing An Aircraft In Texas? Under Article 9 of the Texas Uniform Commercial Code (“UCC”), when an aircraft owner or operator defaults on an obligation (e.g. a loan or guaranty) secured by an aircraft, the lender, as a secured party, may take possession of the aircraft, dispose of
- [Flight School Security Awareness Training – Make Sure You Are Both Current And Compliant To Avoid TSA Sanctions](https://shackelford.law/news-aviation/flight-school-security-awareness-training-make-sure-you-are-both-current-and-compliant-to-avoid-tsa-sanctions/) - If you are a flight school you know, or at least you should know, that you are required to have a TSA Security Awareness Training Program. But are you implementing the program correctly and staying compliant with the regulations? If you aren’t sure, read on. Who Is Required To Take The Training? TSA Regulations found
- [Drafting A Policy For Employee Use of Private Aircraft](https://shackelford.law/news-aviation/drafting-a-policy-for-employee-use-of-private-aircraft-2/) - We all know that private aviation can provide significant benefits to businesses who use general aviation aircraft rather than the airlines. It can be more productive and/or economical to travel via private aircraft rather than driving or using commercial airlines. But for those businesses (the “Employer”) who do not actually operate their own aircraft, what
- [Drafting A Policy For Employee Use of Private Aircraft](https://shackelford.law/news-aviation/drafting-a-policy-for-employee-use-of-private-aircraft/) - We all know that private aviation can provide significant benefits to businesses who use general aviation aircraft rather than the airlines. It can be more productive and/or economical to travel via private aircraft rather than driving or using commercial airlines. But for those businesses (the “Employer”) who do not actually operate their own aircraft, what
- [Limiting Your Liability Exposure With A “Limitation of Liability Clause”](https://shackelford.law/news-aviation/limiting-your-liability-exposure-with-a-limitation-of-liability-clause-2/) - In this litigious society in which we live, it is prudent to try and limit our liability exposure in as many ways as we reasonably can. This is especially true when we are negotiating and entering into contracts. But you may wonder, can you really limit your liability simply by including certain language in your
- [Aircraft Mechanic Liens and Aircraft In Minnesota](https://shackelford.law/news-aviation/aircraft-mechanic-liens-and-aircraft-in-minnesota/) - If you provide storage, repair, maintenance or other services to aircraft, you have the ability to assert a lien on that aircraft and retain possession until you have been paid. This is commonly referred to as a mechanic’s lien. What isn’t as commonly known is that, in Minnesota, you don’t necessarily lose your lien rights
- [My Policy Says What?!: Understanding An Aircraft Insurance Policy](https://shackelford.law/news-aviation/my-policy-says-what-understanding-an-aircraft-insurance-policy/) - Many states require that owners and/or operators of aircraft have insurance covering their aircraft and operations. At a minimum, states usually require third-party liability coverage. This applies to injuries to third-persons that result from operation of your aircraft. Additionally, if your aircraft is pledged as collateral for financing, the lender will require that you have
- [Aircraft Purchase Agreements](https://shackelford.law/news-aviation/aircraft-purchase-agreements/) - Why Use An Aircraft Purchase Agreement? It always surprises me when a potential aircraft buyer is unsure of whether he or she should use a purchase agreement when buying an aircraft. Most of these individuals have purchased homes and no doubt used a purchase agreement in such transactions. Yet, many of these same individuals would
- [When Bad Things Happen To Good Aircraft Buyers: Recognizing And Avoiding Aircraft Title Problems](https://shackelford.law/news-aviation/when-bad-things-happen-to-good-aircraft-buyers-recognizing-and-avoiding-aircraft-title-problems-2/) - Whether you are purchasing your first aircraft or the latest in a succession of aircraft, as an aircraft buyer you need to proceed with caution. If you don’t, after the seller has left with your money, you may have unanswered questions: Do I really own the aircraft? Have I missed any skeletons hiding in the
- [Aircraft Co-Ownership: Making The Relationship Work](https://shackelford.law/news-aviation/aircraft-co-ownership-making-the-relationship-work-2/) - Co-ownership of an aircraft can be a beneficial relationship for individuals who would like to share the aircraft ownership experience. However, it is a lot like a marriage. Compromise and some give and take are necessary to make it work. Open and honest communication regarding expectations is critical. Co-owners must also be compatible. At the
- [Recording Aircraft Related Documents With The FAA.](https://shackelford.law/news-aviation/recording-aircraft-related-documents-with-the-faa-2/) - If you purchase or own an aircraft, or if you acquire an interest in an aircraft such as a security or lien interest, you will have to record documents with the FAA to reflect your interest. The documents you will need to record will depend upon your interest, whether as an aircraft owner, aircraft lender,
- [Service Bulletins: What Is An Aircraft Owner To Do?](https://shackelford.law/news-aviation/service-bulletins-what-is-an-aircraft-owner-to-do-2/) - If you own an aircraft, you no doubt have received a “service bulletin” from the manufacturer of your aircraft or one of its components (e.g. the engine, avionics or accessories). Depending upon the manufacturer, a service bulletin may also be called a “mandatory service bulletin,” “technical service bulletin,” “service letter” or “service instructions.” Service bulletins
- [Basic Aircraft Finance](https://shackelford.law/news-aviation/basic-aircraft-finance/) - Many individuals and businesses that have made the decision to purchase an aircraft do not necessarily have the cash to purchase the aircraft outright. Or, if they do have the cash available, tax or cash flow implications may dictate against paying cash for the aircraft. As a result, these individuals and businesses may purchase their
- [The Cape Town Convention](https://shackelford.law/news-aviation/the-cape-town-convention/) - If you are selling, purchasing, leasing, financing or otherwise acquiring an interest in an aircraft or turbine engine, you need to be aware of the Cape Town Convention. The Cape Town Convention is an international treaty that went into effect March 1, 2006 and it applies to many twin-engine and most jet aircraft. Technically speaking,
- [Service Bulletins Revisited](https://shackelford.law/news-aviation/service-bulletins-revisited-2/) - In a recent article I wrote about compliance with mandatory service bulletins. The article raised, but did not answer, the question of whether a manufacturer’s specification that its maintenance manual includes all service bulletins creates an obligation under the Federal Aviation Regulations (“FAR’s”) to comply with those service bulletins. A recent opinion by the National
- [Aircraft Insurance Coverage: Will You Have It When You Need It?](https://shackelford.law/news-aviation/aircraft-insurance-coverage-will-you-have-it-when-you-need-it-2/) - Most aircraft owners purchase aircraft insurance. In some instances, state law requires the purchase of insurance. In most other cases, aircraft owners purchase the insurance to protect themselves in the event of an accident or other loss arising from aircraft operations. When you purchase an aviation insurance policy you expect that the policy will provide
- [Service Bulletins Clarified](https://shackelford.law/news-aviation/service-bulletins-clarified-2/) - Back in June of 2006, I wrote an article regarding an opinion by the National Transportation Safety Board (“NTSB”) that appeared to state that a manufacturer could specify that its maintenance manual includes all service bulletins and thereby create an obligation under the Federal Aviation Regulations (“FAR’s”) to comply with those service bulletins. The NTSB
- [Choice Of Entity For Aircraft Ownership](https://shackelford.law/news-aviation/choice-of-entity-for-aircraft-ownership/) - You have probably read the ads in several of the aviation magazines suggesting that aircraft buyers should “incorporate in Delaware” etc. Also, quite often an aircraft buyer’s accountant or attorney will recommend that he or she form a corporation or limited liability company (“LLC”) to own the aircraft. But does this make sense? In most
- [Service Bulletins Redux](https://shackelford.law/news-aviation/service-bulletins-redux/) - If you follow this page on the Globalair.com site, which is quite likely if you are reading this article, you know that I have written several articles discussing service bulletin compliance. Not surprisingly, this issue has generated a significant amount of debate. And as a result, I am often asked questions about service bulletin compliance.
- [Understanding And Negotiating Aircraft Leases](https://shackelford.law/news-aviation/understanding-and-negotiating-aircraft-leases-2/) - If you own an aircraft, but are not fully utilizing the aircraft, how can you maximize your investment in the aircraft? What do you do if you cannot afford to own an aircraft, but you still want to fly? The answer to these questions for many people is aircraft leasing. An aircraft lease can allow
- [The Value Of An Aircraft Purchase Agreement](https://shackelford.law/news-aviation/the-value-of-an-aircraft-purchase-agreement-2/) - A recent unpublished decision from the Eleventh Circuit Court of Appeals provides a shining example of a properly drafted aircraft purchase agreement’s value in an aircraft purchase/sale transaction. The Deals The case arose out of a transaction for the sale of a Learjet 60 in Florida. The Seller and Buyer signed a purchase agreement to
- [Aircraft Mechanic's Liens](https://shackelford.law/news-aviation/aircraft-mechanics-liens-2/) - When someone provides storage, repair, maintenance or other services to aircraft, he or she typically has the ability to assert a lien on that aircraft and retain possession until he or she has been paid for the services provided to the aircraft. This is commonly referred to as a mechanic’s lien or artisan’s lien. A
- [The FAA Proposes Changes To Aircraft Registration](https://shackelford.law/news-aviation/the-faa-proposes-changes-to-aircraft-registration/) - In a Notice of Proposed Rulemaking (“NPRM”) published on February 28, 2008 in the Federal Register, the FAA is proposing significant changes to its aircraft registration requirements. At this point in time, the NPRM is merely a proposal and is not a final regulation. However, since these changes will affect current aircraft owners, as well as future
- [Purchasing An Aircraft Hangar: Buyer Beware](https://shackelford.law/news-aviation/purchasing-an-aircraft-hangar-buyer-beware-2/) - It always surprises me when a potential buyer of an aircraft hangar is unsure whether he or she should use a purchase agreement when buying the hangar. Most of these individuals have purchased homes and no doubt used a purchase agreement in such transactions. Yet, many of these same individuals would spend a comparable amount
- [Disputing An Aircraft Mechanic's Lien](https://shackelford.law/news-aviation/disputing-an-aircraft-mechanics-lien-2/) - What happens if someone records, or threatens to record, a mechanic’s lien against an aircraft and the aircraft’s owner believes the lien is improper? After all, once recorded, a lien is a “cloud” on the title to the aircraft and, typically, a release or a court order is required to clear the aircraft’s title. So,
- [Shared Expenses And The Private Pilot](https://shackelford.law/news-aviation/shared-expenses-and-the-private-pilot/) - In today’s economy, many private pilots look for ways to minimize the cost of their flying. One of the ways to reduce the cost of a particular flight is to share that expense with the passenger(s) on the flight. However, if a private pilot receives compensation for flying persons or property for hire in excess
- [Understanding The FAA's New Aircraft Re-Registration And Renewal Requirements](https://shackelford.law/news-aviation/understanding-the-faas-new-aircraft-re-registration-and-renewal-requirements/) - On July 20, 2010 the FAA published a Final Rule amending the FAA’s regulations regarding aircraft registration. As a result, if you own an aircraft that is registered with the FAA’s Aircraft Registry (the “Registry”) you are going to have to renew the registration for your aircraft. Background The Registry is responsible for developing and maintaining the
- [Complying With A Manufacturer's "Current" Maintenance Instructions](https://shackelford.law/news-aviation/complying-with-a-manufacturers-current-maintenance-instructions-2/) - If you own or operate a large airplane (over 12,500 MTOW and to which FAR Part 125 is not applicable), turbojet multiengine airplanes, turbopropeller-powered multiengine airplanes, or turbine-powered rotorcraft, you know that FAR § 91.409(f) requires you have an FAA approved maintenance/inspection program in place for your aircraft. One option for complying with this requirement is to use a
- [Aircraft Bailment And The Duties Owed By A Maintenance Facility To An Aircraft Owner](https://shackelford.law/news-aviation/aircraft-bailment-and-the-duties-owed-by-a-maintenance-facility-to-an-aircraft-owner/) - A maintenance facility recently asked me to explain what duties it may owe to an aircraft owner when the owner leaves his or her aircraft with the facility for service, other than the responsibility for performing repair or maintenance services on the aircraft as requested by the aircraft owner. This situation creates what many states
- [Can You Barter For Aircraft Rental And Expenses? FAA Says "Yes"](https://shackelford.law/news-aviation/can-you-barter-for-aircraft-rental-and-expenses-faa-says-yes/) - As you may know, the FAA defines compensation very broadly. Compensation may include not only the exchange of money, but also the exchange of value. With this expansive view of compensation as a backdrop, the FAA was recently asked whether it was permissible to barter services in exchange for (1) a private pilot’s pro-rata share
- [Should You Buy Replacement Aircraft Identification Plates on the Internet?](https://shackelford.law/news-aviation/should-you-buy-replacement-aircraft-identification-plates-on-the-internet-2/) - The internet can be a wonderful thing. From the convenience of your computer you can buy most things aviation. Whether you are looking for pilot supplies, aviation paraphernalia or even an aircraft, it is quite likely that you can locate, and complete, your purchase via the internet. But, the convenience of buying through the internet
- [Keeping the FAA Happy When Registering an Aircraft Owned by an LLC](https://shackelford.law/news-aviation/keeping-the-faa-happy-when-registering-an-aircraft-owned-by-an-llc/) - A Limited Liability Company (“LLC”) provides personal liability protection to its owners, as well as the tax and management flexibility. Both of these advantages have resulted in the increased use of LLC’s for aircraft ownership. However, in order for the FAA to accept an application for aircraft registration submitted by an LLC, the aircraft owner
- [Understanding the "What" and "Where" for Documenting Your Aircraft's Annual Inspection](https://shackelford.law/news-aviation/understanding-the-what-and-where-for-documenting-your-aircrafts-annual-inspection/) - If you own or operate an aircraft, you probably know that 14 C.F.R. § 91.409(a) requires that an aircraft must undergo an annual inspection every twelve calendar months or sooner in order for that aircraft to be airworthy. But once that inspection is complete, what is your mechanic with an inspection authorization (“IA”) required to do to
- [The Difference Between "Wet" and "Dry" Aircraft Leases](https://shackelford.law/news-aviation/the-difference-between-wet-and-dry-aircraft-leases/) - Many times an aircraft owner who is not fully utilizing the owner’s aircraft will lease the aircraft to maximize the use of the aircraft and to recover some of the aircraft owner’s expenses. One of the areas about which aircraft owners and operators are frequently confused is the difference between a “wet” lease and a
- [Documenting Maintenance and Inspection Records](https://shackelford.law/news-aviation/documenting-maintenance-and-inspection-records/) - The primary job of an aircraft mechanic is to service and repair aircraft and their components/systems. And once he or she has completed an inspection or item of maintenance, 14 C.F.R. §§ 43.9(a)(maintenance) and 43.11(a)(inspections) require the mechanic to “make an entry in the maintenance record of that equipment.” Typically, this means writing the information in an
- [Are you Running An Illegal Flight Department Company?](https://shackelford.law/news-aviation/are-you-running-an-illegal-flight-department-company-2/) - Do you own your aircraft through a corporation or limited liability company (“LLC”)? If you do, you may have done that after reading the ads in several of the aviation magazines suggesting that aircraft buyers should “incorporate in Delaware” etc. Or your accountant or attorney may have recommended that you form a corporation or limited
- [Ignore the Terms of Your Aircraft Insurance Policy at Your Own Risk](https://shackelford.law/news-aviation/ignore-the-terms-of-your-aircraft-insurance-policy-at-your-own-risk/) - When you purchase an aircraft insurance policy you expect that the policy will provide coverage when you need it. However, that isn’t always the case. All aircraft insurance policies contain requirements, conditions and provisions with which you, the insured, must comply in order for the policy to provide coverage. These requirements often mandate the condition
- [What Is The Difference Between An "Inspection" And An "Overhaul"?](https://shackelford.law/news-aviation/what-is-the-difference-between-an-inspection-and-an-overhaul-2/) - If you own or operate an aircraft that is operated under 14 C.F.R. Part 91, you know that your aircraft requires maintenance in order to remain in an airworthy condition. And sometimes it isn’t exactly clear what maintenance items are and are not required. This can be especially true when your maintenance provider starts talking about
- [What Is The Difference Between Owning And Operating An Aircraft Under Part 91 Versus Part 135?](https://shackelford.law/news-aviation/what-is-the-difference-between-owning-and-operating-an-aircraft-under-part-91-versus-part-135/) - Owners of business aircraft frequently face the question of whether their aircraft should be operated under 14 C.F.R. Part 91 (“Part 91”) or Part 135 (“Part 135”). And it isn’t uncommon for owners to simplistically choose Part 91 because they have been led to believe that Part 135 is far too expensive and restrictive. Unfortunately, that answer isn’t necessarily
- [Whose Letter Of Authorization Is It Anyway?](https://shackelford.law/news-aviation/whose-letter-of-authorization-is-it-anyway/) - A scenario I see more regularly than I would like involves an aircraft management company that manages a turbojet aircraft and provides pilot services to multiple users of the aircraft. Since the managed aircraft is capable of flight up to and beyond flight level 41,000, the aircraft needs FAA approval to operate in the Reduced
- [The Latest Lycoming Engine Airworthiness Directive: What You Need To Know](https://shackelford.law/news-aviation/the-latest-lycoming-engine-airworthiness-directive-what-you-need-to-know-3/) - Are you one of the estimated 778 unfortunate aircraft owners affected by the latest Lycoming airworthiness directive (“AD”)? If you are, I am hopeful this article will help you navigate your current situation. The Airworthiness Directive On August 4, 2017 Lycoming issued a “Mandatory Service Bulletin” requiring inspection, and potentially replacement, of connecting rod bushings in certain Lycoming engines
- [Aircraft Mechanic Liens In Texas](https://shackelford.law/news-aviation/aircraft-mechanic-liens-in-texas-2/) - If you provide storage, fuel, repairs or maintenance to an aircraft in Texas, you have the ability to assert a lien against that aircraft and retain possession until you have been paid. The lien is for either (1) the amount you are due under a contract you have with the aircraft owner or operator; or
- [Are You Using A Limited Liability Company To Own An Aircraft And Fly The Company’s Members/Guests? Be Careful.](https://shackelford.law/news-aviation/are-you-using-a-limited-liability-company-to-own-an-aircraft-and-fly-the-companys-members-guests-be-careful/) - Aircraft owners regularly use limited liability companies (an “LLC”) to hold legal title to an aircraft. An LLC can help limit an owner’s personal liability, and it may also assist an owner with his or her tax planning. But using an LLC to hold title to an aircraft may also create problems for the aircraft
- [The “Ins” And “Outs” Of LLC Statements In Support Of Aircraft Registration](https://shackelford.law/news-aviation/the-ins-and-outs-of-llc-statements-in-support-of-aircraft-registration/) - If you want to own an aircraft using a limited liability company (“LLC“), when you register the aircraft with the Federal Aviation Administration (“FAA“) you will need to demonstrate that the LLC qualifies as a citizen of the United States. In order for an LLC to qualify as a U.S. citizen and be eligible to
- [Does The “As-Is” Language In An Aircraft Purchase Agreement Make A Difference?](https://shackelford.law/news-aviation/does-the-as-is-language-in-an-aircraft-purchase-agreement-make-a-difference/) - It isn’t uncommon in aircraft purchase agreements to see language stating the parties are agreeing that the aircraft is being purchased “as-is” or “as-is, where-is.” Oftentimes the agreement will go on to also say that the seller is not making, nor is the buyer relying upon, any representations or warranties regarding the condition of the
- [Insurance Will Not Cover An Unqualified Pilot in Command](https://shackelford.law/news-aviation/insurance-will-not-cover-an-unqualified-pilot-in-command/) - If you buy insurance to cover the aircraft you own or fly, you want to make sure the policy covers you and your aircraft if you ever have a problem. It is important to understand that your insurance policy is a contract between you and your insurer. That contract has terms and conditions that spell
- [A Pilot’s Duty To Report Alcohol Related Driving Offenses To The FAA: Post-Party Blues](https://shackelford.law/news-aviation/a-pilots-duty-to-report-alcohol-related-driving-offenses-to-the-faa-post-party-blues-2/) - At this festive time of year, with Christmas parties and New Year’s Eve parties, I thought it would be helpful to re-visit the obligations of an airman who is arrested for driving-while-intoxicated (“DWI”)(this would include similar charges such as driving-under-the-influence (“DUI”) and operating-while-intoxicated (“OWI”)). Although most people are familiar with the term “DWI”, it is
- [Flying Through The Turbulence Of A Second DWI](https://shackelford.law/news-aviation/flying-through-the-turbulence-of-a-second-dwi-2/) - What happens to a pilot who is charged with his or her second DWI/DUI or other alcohol related offense? First, the reporting requirements of FAR 61.15(e) apply. For more information on these requirements, please review my January 2005 article on the topic here. If the second DWI is within 3 years of the first, FAR 61.15(d) will require denial of
- [Dealing With The FAA's Denial Of An Airman Medical Application](https://shackelford.law/news-aviation/dealing-with-the-faas-denial-of-an-airman-medical-application-2/) - Some airmen dread the regular pilgrimage to their local aviation medical examiner (“AME”), especially if they have experienced health problems since obtaining their last medical certificate. After all, if for some reason the AME is unable to issue an airman a medical certificate, that airman will be grounded for some period of time and, possibly,
- [Failure To Disclose A Conviction On An Airman Medical Application Will Result In Revocation](https://shackelford.law/news-aviation/failure-to-disclose-a-conviction-on-an-airman-medical-application-will-result-in-revocation/) - Consistent with precedent, the National Transportation Safety Board recently affirmed an Administrative Law Judge’s (“ALJ”) grant of summary judgment to the FAA on an order revoking all of an airman’s certificates for violation of FAR 67.403(a)(1) (prohibition against making fraudulent or intentionally false statements on an application for a medical certificate). In Administrator v. Martinez, the airman checked
- [NTSB Affirms Dismissal Of Airman's Second Attempt To Gain Medical Certificate In Spite Of History Of Disqualifying Conditions](https://shackelford.law/news-aviation/ntsb-affirms-dismissal-of-airmans-second-attempt-to-gain-medical-certificate-in-spite-of-history-of-disqualifying-conditions/) - The Case The case, Petition of Bartels, involved the FAA’s denial of an airman’s application for medical certificate based upon certain disqualifying medical conditions under FAR Part 67. The airman initially applied for an airman medical certificate and the FAA denied his application based upon his history of coronary artery disease. The airman filed a petition for
- [Aircraft Mechanic Liability: If You Sign, Your Certificate Is On The Line](https://shackelford.law/news-aviation/aircraft-mechanic-liability-if-you-sign-your-certificate-is-on-the-line-2/) - A recent NTSB Opinion and Order reaffirms the responsibility of a mechanic who signs off on an aircraft’s logbook for work performed by another. In Blakey v. Adili, the FAA alleged that the mechanic violated 14 C.F.R. 43.13(a) by failing to perform a gear retraction test after changing a flat tire on a Cessna 402. That
- [Timely Appeal Required For Equal Access to Justice Act (EAJA) Recovery of Attorney's Fees & Expenses](https://shackelford.law/news-aviation/timely-appeal-required-for-equal-access-to-justice-act-eaja-recovery-of-attorneys-fees-expenses-2/) - The Equal Access to Justice Act (“EAJA”) allows a certificate holder (airman, mechanic, medical etc.) to apply for and receive an award of attorney’s fees and expenses under certain situations when the certificate holder is successful in defending against an FAA enforcement action. EAJA awards are intended to deter the government from pursuing cases that
- [NTSB Refuses to Review FAA "Security Threat" Revocations](https://shackelford.law/news-aviation/ntsb-refuses-to-review-faa-security-threat-revocations-2/) - Recently enacted FAR Section 61.18 disqualifies a person from holding a certificate, rating or authorization issued by the FAA when the Transportation Security Administration (“TSA”) notifies the FAA in writing that the person poses a “security threat”. Further, the FAA must “suspend any certificate, rating or authorization” when the TSA issues an Initial Notification of
- [Surviving The Ramp Check](https://shackelford.law/news-aviation/surviving-the-ramp-check/) - You are standing on the ramp performing a pre-flight inspection. A man who you have never seen before approaches you and starts chatting about the weather and asking you questions: “What’s your name?”, “Where are you going?” etc. How do you respond? First, know who you are talking to. Ask for the person’s name. Find
- [ATC’s Failure To Provide Notice Of Deviation Can Result In Sanction Waiver](https://shackelford.law/news-aviation/atcs-failure-to-provide-notice-of-deviation-can-result-in-sanction-waiver-4/) - In a recent National Transportation Safety Board decision, the Board reaffirmed the concept that ATC’s failure to notify a pilot of an ATC deviation may entitle the pilot to a waiver of sanction. This case doesn’t remove a finding that a pilot has violated a Federal Aviation Regulation (“FAR”), but it does extend the waiver
- [Pilot In Command: The Ultimate Authority and Ultimately Responsible](https://shackelford.law/news-aviation/pilot-in-command-the-ultimate-authority-and-ultimately-responsible-2/) - In light of some of the recent “high-profile” aircraft accidents, I thought now would be an appropriate time to discuss the authority a pilot has in operating an aircraft, as well as the responsibility that comes with that authority. As is often the case, the pilot and his or her actions as pilot in command
- [What Happens To Your Certificate Following Suspension Or Revocation](https://shackelford.law/news-aviation/what-happens-to-your-certificate-following-suspension-or-revocation-2/) - Is a certificate suspension or revocation the end of the story for a certificate holder? Not usually. A certificate holder has some additional responsibilities, as well as liability exposure if he or she fails to fulfill those obligations. However, before we talk about the aftermath of certificate suspension or revocation, we should briefly discuss how
- [Flying For Hire: Privileges And Limitations Of A Commercial Pilot Certificate.](https://shackelford.law/news-aviation/flying-for-hire-privileges-and-limitations-of-a-commercial-pilot-certificate-2/) - Introduction Many people, both pilot and non-pilot alike, think that if a pilot has a commercial pilot certificate he or she can get paid for flying. However, the commercial pilot certificate alone does not grant the privilege of receiving compensation for flying under all circumstances. Commercial pilots must be clear on both the privileges and
- [Flight Into Known Icing Conditions: An Enforcement Action Waiting To Happen, Or Worse?](https://shackelford.law/news-aviation/flight-into-known-icing-conditions-an-enforcement-action-waiting-to-happen-or-worse-2/) - Winter will be here soon. And with the arrival of colder temperatures, flight service station briefings will more often than not include the perennial “AIRMET ‘X’ for occasional light to moderate rime and mixed icing in clouds and precipitation.” Thus, the timing is good for review of a recent National Transportation Safety Board (“NTSB”) decision
- [Flight Review Requirements Under FAR §61.56: When Is A Flight Review Needed And How Are the Requirements Met?](https://shackelford.law/news-aviation/flight-review-requirements-under-far-§61-56-when-is-a-flight-review-needed-and-how-are-the-requirements-met-2/) - It is always surprising to me how many pilots fail, whether intentionally or inadvertently, to obtain a flight review (formerly called a “biennial flight review”) as required by FAR §61.56. This is the type of violation that is not readily apparent to the FAA, but is usually discovered by an FAA inspector’s inevitable review of an
- [Deadlines Matter In NTSB Appeals](https://shackelford.law/news-aviation/deadlines-matter-in-ntsb-appeals/) - Airmen, and sometimes their counsel, continue to suffer from the National Transportation Board’s (NTSB’s) strict application of its timing requirements for filing appeals. As you may know, when the FAA issues an order of suspension or revocation of an airman or medical certificate, the airman has an opportunity to appeal that order to the NTSB
- [Equal Access To Justice Act: Making The FAA Pay](https://shackelford.law/news-aviation/equal-access-to-justice-act-making-the-faa-pay-2/) - If the FAA initiates an enforcement action or civil penalty action and then loses, does the certificate holder or target of the civil penalty action have any recourse? Well, under the Equal Access to Justice Act (“EAJA”) it may be able possible to make the FAA pay for the attorney’s fees and expenses incurred by
- [Voluntary Disclosure Reporting Program](https://shackelford.law/news-aviation/voluntary-disclosure-reporting-program-2/) - What if you hold a Part 135 air carrier certificate and you discover that you operated one of your aircraft beyond the mandatory compliance date without completing a required inspection? Or, what if you hold a Part 145 repair station certificate and you discover that several of your spare parts were either mislabeled or improperly
- [The 709 Ride](https://shackelford.law/news-aviation/the-709-ride/) - What happens if you are involved in an incident in which your aircraft is damaged, but no one is injured, other than perhaps you and your pride? For example, you forgot to put the landing gear down and you landed your aircraft with the gear up or you didn’t put in enough wind correction and
- [9th Circuit Holds That FAA Must Use Method Reasonably Calculated To Reach An Airman To Notify Of Suspension](https://shackelford.law/news-aviation/9th-circuit-holds-that-faa-must-use-method-reasonably-calculated-to-reach-an-airman-to-notify-of-suspension-2/) - The 9th Circuit Court of Appeals has followed the recent U.S. Supreme Court Opinion in Jones v. Flowers[1] in holding that due process requires the FAA to use a method reasonably calculated under all of the circumstances to reach an airman when providing notice of a suspension or revocation. The case, Chin Yi Tu v. National Transportation
- [The Aviation Safety Reporting Program: No Sanction Waiver For Intentional Violation](https://shackelford.law/news-aviation/the-aviation-safety-reporting-program-no-sanction-waiver-for-intentional-violation-2/) - Many airmen are familiar with the Aviation Safety Reporting Program (“ASRP”). Some view the ASRP as a “get out of jail free” card. Unfortunately, the program does have some limitations. The Program Under the ASRP, as explained in Advisory Circular 00-46D if an airman files an ASRP form (also somewhat inappropriately referred to as the “NASA form”
- [Airmen Liability For Aircraft Airworthiness](https://shackelford.law/news-aviation/airmen-liability-for-aircraft-airworthiness/) - What happens if an airman operates an aircraft and a subsequent inspection discloses that one or more of the aircraft’s systems or components were broken during the airman’s flight? Alternatively, what if maintenance is performed on an aircraft, but then the appropriate maintenance entry is not included in the aircraft’s logbook prior to an airman’s
- [Pilot In Command: The Duties And Responsibilities Of Taking Control](https://shackelford.law/news-aviation/pilot-in-command-the-duties-and-responsibilities-of-taking-control-2/) - A recent NTSB decision, Administrator v. Corredor, re-affirms the duties and responsibilities to which an airman is subject when he or she assumes the status of pilot in command (“PIC”). The case arose out of an incident involving the aircraft in which the airman was flying; specifically, an airspace incursion. Unfortunately for the airman, the case
- [A 2007 Recap: Airplanes Make People Act "Crazy"](https://shackelford.law/news-aviation/a-2007-recap-airplanes-make-people-act-crazy/) - As I reflect back on 2007, a variety of my experiences with clients re-affirm my long-held belief that airplanes can make people act “crazy”. Why do I believe that? Well, over the years I have had multiple clients who are intelligent individuals, but when they became involved with airplanes they did things that, to me,
- [The FAA's Prosecutorial Discretion](https://shackelford.law/news-aviation/the-faas-prosecutorial-discretion/) - When the FAA believes that a regulatory violation has occurred, it has a variety of options for dealing with that violation ranging from issuing a warning or assessing a fine or monetary penalty up to suspension or revocation of an airman’s certificate. The FAA has the power to choose which option it feels is appropriate
- [Identification Of A "Congested Area" Under FAR § 91.119: Hindsight Is 20/20](https://shackelford.law/news-aviation/identification-of-a-congested-area-under-far-§-91-119-hindsight-is-20-20-2/) - The primary issue in a recent NTSB decision, Administrator v. Folk, was whether the airmen’s low-level flights occurred over a “congested area” as referenced in FAR § 91.119. Although this case arose in the context of an aerial applicator operation, it is instructive for FAR Part 91 general aviation operations as well. The Regulation As you may
- [Petition For Reconsideration: Asking The NTSB To Change Its Mind](https://shackelford.law/news-aviation/petition-for-reconsideration-asking-the-ntsb-to-change-its-mind-2/) - What happens if an airman believes the National Transportation Safety Board (“NTSB”) decided his or her case incorrectly? Does the airman have any recourse, short of appealing the NTSB’s decision to the United States Court of Appeals? In this situation, the airman may file a “Petition for Reconsideration” that, in essence, asks the NTSB to change its
- [Flight Into Known Icing Conditions: An Update](https://shackelford.law/news-aviation/flight-into-known-icing-conditions-an-update-2/) - Although we are, hopefully, finished with the worst of the winter here in the north woods, this also signifies a time of year when airman must exercise additional vigilance regarding the dangers presented by icing conditions. A recent Legal Interpretation issued by the FAA’s Office of Chief Counsel attempts to clarify some of the past uncertainty regarding
- [Flying Through the Turbulent Aftermath of an Unauthorized TFR or DC ADIZ Incursion](https://shackelford.law/news-aviation/flying-through-the-turbulent-aftermath-of-an-unauthorized-tfr-or-dc-adiz-incursion-2/) - As many of you already know, the Washington D.C. Air Defense Identification Zone (“DC ADIZ”) has become permanent and corresponding training has become mandatory. Additionally, temporary flight restrictions (“TFRs”) continue to “pop-up” throughout the country. Against this backdrop, a recent opinion by the National Transportation Safety Board provides a good opportunity to discuss what you
- [You Can't Win An EAJA Award When The FAA Dismisses Its Case Before The Hearing](https://shackelford.law/news-aviation/you-cant-win-an-eaja-award-when-the-faa-dismisses-its-case-before-the-hearing-2/) - In a recent case, Administrator v. Turner and Coonan, the National Transportation Safety Board (“NTSB”) held that an award of attorney fees and costs under the Equal Access to Justice Act (“EAJA”) is not appropriate when the FAA dismisses its case prior to a hearing. As we will see, this ruling is yet another barrier to recovery of
- [The FSS Weather Briefing: How Much Information Is Enough?](https://shackelford.law/news-aviation/the-fss-weather-briefing-how-much-information-is-enough-2/) - As pilots, one of our responsibilities before each flight, per FAR 91.103, is to make ourselves “familiar with all available information concerning that flight” including weather reports and forecasts when the flight is “not in the vicinity of an airport.” With the proliferation of weather services available on the internet, many pilots look to those services
- [Defending Against An Intentional Falsification Charge: A Question Of Intent](https://shackelford.law/news-aviation/defending-against-an-intentional-falsification-charge-a-question-of-intent-2/) - The District of Columbia Circuit of the United States Court of Appeals recently issued two opinions addressing two airmen’s attempts to defend themselves against FAA claims that they intentionally falsified their medical certificate applications. In both cases, the Court reversed the National Transportation Safety Board’s (“NTSB”) approval of the FAA’s revocation order, although for slightly different reasons. The Court
- [Drug Testing Refusal Cases: Worthy of Appeal?](https://shackelford.law/news-aviation/drug-testing-refusal-cases-worthy-of-appeal-2/) - If you work in a safety-sensitive position for an employer subject to Department of Transportation drug and alcohol testing requirements (e.g. Part 121 and 135 carriers, as well as maintenance providers who maintain aircraft on behalf of those carriers, or operators who conduct non-stop sightseeing flights for compensation or hire under FAR 91.147), you have
- [4th Circuit Court Of Appeals Affirms NTSB's "Congested Area" Determination](https://shackelford.law/news-aviation/4th-circuit-court-of-appeals-affirms-ntsbs-congested-area-determination-2/) - In my article, Identification Of A “Congested Area” Under FAR § 91.119: Hindsight Is 20/20, I discussed an NTSB decision, Administrator v. Folk, in which the primary issue was whether the airmen’s low-level flights occurred over a “congested area” as referenced in FAR § 91.119. In a recent unpublished decision, Folk v. Sturgell, the United States Court of Appeals,
- [Compliance With The Voluntary Disclosure Reporting Program Can Protect An Air Carrier Employee's Certificate](https://shackelford.law/news-aviation/compliance-with-the-voluntary-disclosure-reporting-program-can-protect-an-air-carrier-employees-certificate-2/) - The D.C. Circuit Court of Appeals has vacated an NTSB decision in which the Board refused to allow the employee of an air carrier to assert compliance with the Voluntary Disclosure Reporting Program (“VDRP”) as an affirmative defense to an FAA order of suspension. As a result, employees of air carriers and other applicable certificate
- [D.C. Circuit Affirms NTSB's Rejection Of EAJA Fees When FAA Dismisses Its Complaint Before A Hearing](https://shackelford.law/news-aviation/d-c-circuit-affirms-ntsbs-rejection-of-eaja-fees-when-faa-dismisses-its-complaint-before-a-hearing-2/) - In a recent decision, Turner and Coonan v. National Transportation Safety Board, the D.C. Circuit Court of Appeals has affirmed the NTSB’s refusal to allow two airmen to recover under the Equal Access to Justice Act (“EAJA”) when the FAA dismissed its complaints before the cases can be heard by an NTSB administrative law judge (“ALJ”).
- [Aircraft Maintenance Records: What You Write Matters](https://shackelford.law/news-aviation/aircraft-maintenance-records-what-you-write-matters-2/) - The primary job of an aircraft mechanic or technician is to service and repair aircraft and their components/systems. However, an often marginalized aspect of aircraft maintenance, although no less important than the maintenance itself, is the creation of aircraft maintenance records. Maintenance providers prepare logbook entries, work cards, estimates, work orders and invoices in connection
- [An Airworthiness Certificate Requires More Than Just A Safe Condition](https://shackelford.law/news-aviation/an-airworthiness-certificate-requires-more-than-just-a-safe-condition-2/) - A recent National Transportation Safety Board (“NTSB”) decision is a reminder that a properly maintained and safe aircraft isn’t necessarily airworthy unless it also meets the technical requirements of its type certificate. The Case Administrator v. Krivitsky and Jablecki involved an Aerospatiale Alouette II helicopter that was manufactured in 1959 in France. At that time, the
- [What You Need To Know About FAA Civil Penalty Actions](https://shackelford.law/news-aviation/what-you-need-to-know-about-faa-civil-penalty-actions/) - In recent months we have seen the Federal Aviation Administration (“FAA”) aggressively pursuing civil penalty actions against various air carriers and maintenance facilities. In some instances the penalties proposed by the FAA have been millions of dollars. And although the media has a field day each time the FAA announces proposed civil penalties, we usually
- [A DOM's Reliance Upon Work Performed By Other Mechanics Results In Revocation Of His Certificate And Ratings](https://shackelford.law/news-aviation/a-doms-reliance-upon-work-performed-by-other-mechanics-results-in-revocation-of-his-certificate-and-ratings/) - If you are a DOM for a Part 135 air carrier, you have likely signed an airworthiness release to return an aircraft to service after an inspection or repair. You may have even done so without doing any of the actual work, but rather relying upon other mechanics that actually performed the inspection or repair.
- [Proving "Inadvertence" To Support An ASRP Waiver Of Sanction: Not As Easy As You Might Think](https://shackelford.law/news-aviation/proving-inadvertence-to-support-an-asrp-waiver-of-sanction-not-as-easy-as-you-might-think/) - In another blow to the Aviation Safety Reporting System (“ASRP”) and the benefit it was intended to provide airman, the NTSB affirmed an administrative law judge’s (“ALJ”) finding that an airman’s conduct, although not deliberate, was not inadvertent as required by the program. The Program Under the ASRP, as explained in Advisory Circular 00-46D if an airman
- [Experimental Helicopter Purchaser Receives Suspension For Registration And Airworthiness Violations](https://shackelford.law/news-aviation/experimental-helicopter-purchaser-receives-suspension-for-registration-and-airworthiness-violations/) - In a recent opinion issued by the National Transportation Safety Board (“NTSB”), the Board affirmed the findings of violations issued by an administrative law judge (“ALJ”). The case, Administrator v. Haddock arose following the crash of an experimental helicopter operated by an airman shortly after his purchase of the helicopter. After investigating the accident, the FAA issued
- [Beyond FAA Enforcement: Criminal Prosecution For Falsification Of Aircraft Maintenance Records](https://shackelford.law/news-aviation/beyond-faa-enforcement-criminal-prosecution-for-falsification-of-aircraft-maintenance-records-2/) - In past articles, we’ve talked about FAA enforcement cases in which the FAA alleges that a mechanic has falsified maintenance records. You know from those discussions that revocation of all airman certificates (mechanic, pilot and medical) is the FAA’s policy and standard response in such cases. In other words, if the FAA successfully proves its
- [Pilot's Reliance Upon VFR GPS Does Not Excuse TFR Bust](https://shackelford.law/news-aviation/pilots-reliance-upon-vfr-gps-does-not-excuse-tfr-bust-2/) - By Gregory J. Reigel © April, 2019 All rights reserved. In the current business aircraft sales market it is not uncommon for a transaction involving a business aircraft to have either a buyer or a seller from another country. In those situations, when the parties are drafting their aircraft purchase agreement, they should be aware
- [Responding To An FAA Letter Of Investigation](https://shackelford.law/news-aviation/responding-to-an-faa-letter-of-investigation/) - When the FAA receives notice and evidence to show that a certificate holder (mechanic, repair station, air carrier, pilot etc.) may have violated one or more of the Federal Aviation Regulations (“FARs”), in most cases an FAA aviation safety inspector will send the alleged violator a letter of investigation (“LOI”) advising that the FAA is
- [Wonder What The Term "Congested Area" Means? Some FAA Inspectors Wonder That Too.](https://shackelford.law/news-aviation/wonder-what-the-term-congested-area-means-some-faa-inspectors-wonder-that-too/) - One of the frustrating aspects of aviation faced by airmen is the lack of concrete, objective definitions in the FARs. Rather than giving us a definition we can use and apply, oftentimes the FAA and the NTSB have opted for taking a “case-by-case” approach in determining how to apply certain terms. Unfortunately, this “I’ll know
- [Analyzing a Stale Complaint Affirmative Defense in the Face of an Allegation of Lack of Qualification.](https://shackelford.law/news-aviation/analyzing-a-stale-complaint-affirmative-defense-in-the-face-of-an-allegation-of-lack-of-qualification-2/) - The Stale Complaint Defense As you may know, one of the defenses available to an airman in an FAA enforcement action is the stale complaint affirmative defense. Under 49 C.F.R. § 821.33 the FAA has 6 months from the date of an alleged offense within which to initiate an enforcement action. An airman must assert the stale
- [Changes To The Aviation Safety Reporting Program Increase Opportunities For Mechanics](https://shackelford.law/news-aviation/changes-to-the-aviation-safety-reporting-program-increase-opportunities-for-mechanics-2/) - As you may know, the FAA publishes Advisory Circular 00-46 to provide guidance for taking advantage of the Aviation Safety Reporting Program (“ASRP”). Under the ASRP, if an individual holding a mechanic or other airman certificate files an ASRP form or “report” (also somewhat inappropriately referred to as the “NASA form” since NASA is only
- [When Aircraft Go Bump On The Ramp](https://shackelford.law/news-aviation/when-aircraft-go-bump-on-the-ramp-2/) - It’s a beautiful day. You are sitting in a chair outside your favorite FBO at the local, uncontrolled airport watching the traffic. An aircraft is taxiing onto the ramp towards an aircraft that is poorly parked too close to the taxiway line. From your perspective, it looks like it will be close, but you can’t
- [Drug And Alcohol Testing Programs: Are Your Employees Covered?](https://shackelford.law/news-aviation/drug-and-alcohol-testing-programs-are-your-employees-covered/) - As you probably know, under 14. C.F.R Part 120 an individual who performs a safety-sensitive function, either directly or by contract, for an 14 C.F.R. Part 121 or Part 135 air carrier or an operator conducting nonstop passenger-carrying flights under 14 C.F.R. § 91.147, is subject to drug and alcohol testing. Performing aircraft maintenance or preventative maintenance duties are both considered safety
- [Who Can Return An Aircraft To Service On Behalf Of A Repair Station?](https://shackelford.law/news-aviation/who-can-return-an-aircraft-to-service-on-behalf-of-a-repair-station-2/) - As we all know, FAA personnel do not always interpret the Federal Aviation Regulations consistently, or for that matter, correctly. Interpretations may vary between individual inspectors or between Flight Standards District Offices (“FSDOs”). Fortunately, if you have a question regarding interpretation of one of the regulations and you don’t feel you have received a consistent
- [Administrative Actions: The FAA's "Slap on the Wrist"](https://shackelford.law/news-aviation/administrative-actions-the-faas-slap-on-the-wrist/) - I know in other articles and posts on this site we have talked about FAA legal enforcement actions in which the FAA has suspended or revoked an airman’s or mechanic’s certificate or the certificate of an air carrier or repair station, or has assessed a civil penalty against the certificate holder. In those situations, the
- [Unknown Or Inadvertent Ingestion: An Unconvincing Affirmative Defense To A Positive Drug Test Result](https://shackelford.law/news-aviation/unknown-or-inadvertent-ingestion-an-unconvincing-affirmative-defense-to-a-positive-drug-test-result/) - If an airman tests positive for drug metabolites on a drug test but he or she didn’t take the drugs, what can the airman do? Well, arguing that he or she somehow unknowingly or inadvertently ingested the drugs isn’t going to save the day. A recent decision by the National Transportation Safety Board (“NTSB”) rejected
- [FAA Takes a More Sensible Approach to First-Time, Inadvertent TFR Violations](https://shackelford.law/news-aviation/faa-takes-a-more-sensible-approach-to-first-time-inadvertent-tfr-violations/) - The FAA recently amended its enforcement guidelines for dealing with airmen who violate temporary flight restriction (“TFR”) airspace. In the past, when the FAA alleged that an airman violated a TFR, and the incident was a first-time, inadvertent violation by the airman, that airman would receive a Notice of Proposed Certificate Action (“Notice”) proposing suspension
- [Equal Access to Justice Act: When Are Fees "Incurred"?](https://shackelford.law/news-aviation/equal-access-to-justice-act-when-are-fees-incurred/) - As you may recall from previous articles, if the FAA pursues an enforcement or civil penalty action and then loses, the Equal Access to Justice Act (“EAJA”) allows a certificate holder or target of the civil penalty action to seek reimbursement from the FAA for the attorney’s fees and expenses incurred by the certificate holder
- [When Is A Touch-And-Go Landing Not A Landing?](https://shackelford.law/news-aviation/when-is-a-touch-and-go-landing-not-a-landing-2/) - As pilots, we all know that with every takeoff we perform, at some point after that takeoff a landing will occur, some better than others. This is true whether we are flying to a destination or simply performing touch-and-go takeoffs and landings in the local pattern. However, the term “landing” may mean different things in
- [Drone Operators Beware: Drone Operations Are Subject To FAA Enforcement](https://shackelford.law/news-aviation/drone-operators-beware-drone-operations-are-subject-to-faa-enforcement/) - So, you just purchased a fancy new drone (“unmanned aircraft system” or “UAS”) and you have been flying it around. About a week later, you receive a phone call from an FAA inspector in which the inspector tells you that you have been operating your drone in violation of the Federal Aviation Regulations (“FARs”). And
- [What Happens To A Certificate When The FAA Suspends Or Revokes It?](https://shackelford.law/news-aviation/what-happens-to-a-certificate-when-the-faa-suspends-or-revokes-it/) - Is a certificate suspension or revocation the end of the story for a certificate holder? Not usually. A certificate holder (whether airman, mechanic, air carrier, medical etc.) has some additional responsibilities, as well as liability exposure if he or she fails to fulfill those obligations. However, before we talk about the aftermath of certificate suspension
- [How Does The FAA Calculate A Civil Penalty?](https://shackelford.law/news-aviation/how-does-the-faa-calculate-a-civil-penalty-2/) - Every so often the Federal Aviation Administration (“FAA”) will issue a press release about its proposed assessment of a civil penalty action against an air carrier, maintenance facility or some other business. In some instances the penalties proposed by the FAA may be millions of dollars. And while the FAA’s press release may cite to
- [When Must An Employer Add An Employee To Its DOT Random Drug/Alcohol Testing Pool?](https://shackelford.law/news-aviation/when-must-an-employer-add-an-employee-to-its-dot-random-drug-alcohol-testing-pool-2/) - This issue came up recently when the FAA’s drug abatement office audited a Part 135 air carrier’s drug and alcohol testing program. After the audit, the FAA initiated a civil penalty action against the air carrier claiming it did not include all of its safety-sensitive employees in the random testing pool. So, to help other
- [When, If Ever, Should A Certificate Issued By The FAA Be Surrendered?](https://shackelford.law/news-aviation/when-if-ever-should-a-certificate-issued-by-the-faa-be-surrendered/) - Surrendering Because You Are Required To A certificate issued by the FAA may be suspended or revoked by an NTSB administrative law judge (“ALJ”) following a hearing on the merits of the allegations contained in an order of suspension or an order of revocation. In the case of suspension or revocation following a hearing, in
- [Obtaining an FAR Exemption](https://shackelford.law/news-aviation/obtaining-an-far-exemption/) - Did you know that you can apply for an exemption to a Federal Aviation Regulation (FAR)? The rulemaking process is governed by Part 11 of Title 14, Code of Federal Regulations (CFR). If you are affected by a regulation in 14 CFR, you may petition for an exemption from any rule issued by the FAA
- [Filing Aircraft Mechanic Liens with the FAA.](https://shackelford.law/news-aviation/filing-aircraft-mechanic-liens-with-the-faa/) - What is required to file a mechanic’s lien against an aircraft? The FAA will accept and record a filing for all but a few states. Some states, such as Wisconsin, Colorado, Alabama, Hawaii, Delaware, do not have laws that provide for filing with the FAA. Each state has its own timing requirements for when the
- [Aircraft Purchase Agreements Are a Must](https://shackelford.law/news-aviation/aircraft-purchase-agreements-are-a-must/) - It always surprises me when a potential aircraft buyer is unsure of whether he or she should use a purchase agreement when buying an aircraft. Most of these individuals have purchased homes and no doubt used a purchase agreement in such transactions. In fact, I don’t know of anyone who has purchased a home and
- [Surviving A Ramp Check](https://shackelford.law/news-aviation/surviving-a-ramp-check/) - Have you ever wondered what happens when an FAA inspector performs a ramp check? Why does it happen? What can the inspector do? What can’t the inspector do? What are your obligations? For answers to these questions and more, check out my latest article: Surviving The Ramp Check.
- [Carrying Firearms On Aircraft](https://shackelford.law/news-aviation/carrying-firearms-on-aircraft/) - A client recently asked me what rules and regulations deal with carrying firearms on aircraft. As usual, my lawyerly answer was “it depends”. What does it depend upon? Well, for starters, what type of firearm? Will it be carried concealed or on the person (e.g. using a concealed carry weapon “CCW” permit), or will it
- [Cabotage And International Operations By Corporate Aircraft](https://shackelford.law/news-aviation/cabotage-and-international-operations-by-corporate-aircraft/) - A corporate client recently asked me about whether Canada had any regulations restricting his ability to fly to Canada in his corporate aircraft, pick up a passenger and then fly on to another city in Canada. The question raises the issue of “cabotage”, which is the flying of passengers and goods within the same foreign
- [U.S. Ratifies Cape Town Convention](https://shackelford.law/news-aviation/u-s-ratifies-cape-town-convention/) - According to an article in The Monitor, last Thursday the U.S. Ambassador “deposited the instrument of ratification for the treaty and the accompanying aircraft protocol with UNIDROIT, the international organization based in Rome, Italy, that is the depositary of the Cape Town Convention and aircraft protocol”. The treaty is expected to reduce certain risks and
- [Florida Court Of Appeals Affirms Florida Requirement That Aircraft Mechanic Lien Be Recorded Both With FAA Registry And In County Where Work Was Performed](https://shackelford.law/news-aviation/florida-court-of-appeals-affirms-florida-requirement-that-aircraft-mechanic-lien-be-recorded-both-with-faa-registry-and-in-county-where-work-was-performed/) - In Creston Aviation v. Textron Financial Corporation, the Florida Court of Appeals affirmed a Broward County court’s grant of summary judgment holding Creston Aviation’s mechanic’s lien unenforceable. In Creston, the owner of the aircraft defaulted on his financing with Textron and ultimately returned the aircraft to Textron. However, at the time of surrender, Creston was
- [Aircraft Co-Ownership: Making The Relationship Work](https://shackelford.law/news-aviation/aircraft-co-ownership-making-the-relationship-work/) - Would you like to own an aircraft but can’t afford or justify it by yourself? If so, co-ownership may be an ownership option for you. Although co-ownership of an aircraft can be a beneficial relationship, it is also a lot like a marriage. Co-owners must be compatible and open and honest about their expectations. A
- [FAA Publishes Notice Of Florida Requirements For Aircraft Mechanic's Liens](https://shackelford.law/news-aviation/faa-publishes-notice-of-florida-requirements-for-aircraft-mechanics-liens/) - The FAA today published a Notice of a recent Florida Court of Appeals case relating to recording and enforcement of an aircraft mechanic lien in Florida. The Notice discusses the Creston Aviation v. Textron Financial Corporation case that I discussed in my May 9, 2005 post. In that case, the court held that Federal law
- [FAA Releases Proposed AC On Voluntary Disclosure Reporting Program-Hazardous Materials](https://shackelford.law/news-aviation/faa-releases-proposed-ac-on-voluntary-disclosure-reporting-program-hazardous-materials/) - The FAA released a Draft Advisory Circular AC-121-XX concerning the voluntary hazardous material (HAZMAT) disclosure reporting program. The proposed AC provides guidance for operators when reporting to FAA instances of noncompliance through the voluntary disclosure reporting program. Part 135 operators who carry HAZMAT would be subject to the provisions of this proposed AC. The voluntary
- [FAA Publishes List Of States From Which It Will Accept Aircraft Mechanic/Artisan Liens](https://shackelford.law/news-aviation/faa-publishes-list-of-states-from-which-it-will-accept-aircraft-mechanic-artisan-liens/) - The FAA today published a Notice in the Federal Register adding Idaho and Utah to the list of the states from which it will accept and record aircraft mechanic/artisan liens. The full list includes the following 35 out of the 50 states: Alaska, Arizona, Arkansas, California (General Aviation Only), Connecticut, Florida, Georgia, Idaho, Illinois, Indiana,
- [Lender Repossession Insurance, Or Take The Risk?](https://shackelford.law/news-aviation/lender-repossession-insurance-or-take-the-risk/) - I was recently asked about the risks associated with airline financing secured by aircraft located in foreign countries. The questions boiled down to the issue of whether the lender is willing to accept the risk of potentially being unable to repossess the aircraft securing the financing or whether the lender would rather purchase an insurance
- [Recording Aircraft Related Documents With The FAA](https://shackelford.law/news-aviation/recording-aircraft-related-documents-with-the-faa/) - Whether you are an aircraft owner, an aircraft lender or anyone else asserting an interest in an aircraft, in most situations you will need to record at least one or more documents with the FAA in order to protect your interest. Failure to file can result in you losing your interest in the aircraft to
- [Effective Date Of Cape Town Convention And Collection Of Data Confirmed](https://shackelford.law/news-aviation/effective-date-of-cape-town-convention-and-collection-of-data-confirmed/) - The FAA published a Final Rule yesterday confirming the effective date of the Cape Town Convention and its authority to collect data pursuant to the Convention. Specifically, the Final Rule “confirms the effective date of the January 3, 2005, final rule amending 14 CFR parts 47 and 49 to comply with the Cape Town Treaty
- [Financing The Purchase Of An Aircraft](https://shackelford.law/news-aviation/financing-the-purchase-of-an-aircraft/) - If you have decided to purchase an aircraft, but you do not necessarily have the cash to purchase the aircraft outright, or if you do have the cash available, but tax or cash flow implications dictate against paying cash for the aircraft, then you are likely going to finance the aircraft through a lender providing
- [Cape Town Convention Transactions](https://shackelford.law/news-aviation/cape-town-convention-transactions/) - If you are purchasing, financing or otherwise acquiring an interest in an aircraft or turbine engine, you need to be aware of the Cape Town Convention. The Cape Town Convention went into effect March 1, 2006 and applies to many twin-engine and most jet aircraft. If you would like more information on the Cape Town
- [Service Bulletins Revisited](https://shackelford.law/news-aviation/service-bulletins-revisited/) - If a manufacturer specifies that its maintenance manual includes all service bulletins, does this create an obligation under the Federal Aviation Regulations (“FAR’s”) to comply with those service bulletins? Most aircraft mechanics would only answer “yes” if compliance with the service bulletin was mandated by an airworthiness directive. However, a recent opinion by the National
- [Petitioning For An Exemption From The Federal Aviation Regulations](https://shackelford.law/news-aviation/petitioning-for-an-exemption-from-the-federal-aviation-regulations/) - In the aviation world, just about everything we do is governed by a rule or regulation. The rules exist for a reason. Safety is the reason that gets the majority of the airplay. But must we always follow the rules? Not necessarily. It is possible to obtain an exemption from certain Federal Aviation Regulations (“FAR’s”).
- [Aircraft Insurance Coverage: Will You Have It When You Need It?](https://shackelford.law/news-aviation/aircraft-insurance-coverage-will-you-have-it-when-you-need-it/) - Most aircraft owners purchase insurance, whether it is simply liability coverage or also hull coverage. In some instances, state law requires the purchase of aircraft liability insurance. In most other cases, aircraft owners purchase aircraft insurance to protect themselves in the event of an accident or other loss arising from aircraft operations. When you purchase
- [Service Bulletins Clarified](https://shackelford.law/news-aviation/service-bulletins-clarified/) - As you may recall, the NTSB recently issued an opinion that a manufacturer could mandate compliance with service bulletins by incorporating them by general reference into its maintenance manuals. This opinion was contrary to the FAA’s longstanding position that compliance with service bulletins was not mandatory unless incorporated into an airworthiness directive or otherwise required
- [FAA Will Not Disclose Information From The Voluntary Disclosure Reporting Program](https://shackelford.law/news-aviation/faa-will-not-disclose-information-from-the-voluntary-disclosure-reporting-program/) - The FAA today published a Notice of Order regarding its issuance of Order 8000.89 on August 17, 2006. The Order states that the FAA will not release safety and security information that is volunteered to it from regulated entities through the Voluntary Disclosure Reporting Program (VDRP) in accordance with Advisory Circular (AC) 00-58 . Under
- [Choosing An Entity For Aircraft Ownership](https://shackelford.law/news-aviation/choosing-an-entity-for-aircraft-ownership/) - If you are an avid reader of aviation trade magazines, as I am, you have probably read the ads in several of the aviation magazines suggesting that aircraft buyers should “incorporate in Delaware” etc. But what does it mean to form a corporation, or limited liability company for that matter, to own an aircraft? Does
- [NTSB Affirms Dismissal of Intentional Falsification Charge Against Airman](https://shackelford.law/news-aviation/ntsb-affirms-dismissal-of-intentional-falsification-charge-against-airman/) - In Administrator v. Roarty, the FAA issued an emergency revocation order charging the airman with violations of FARs 67.413(a)(failure to provide information) and 67.403(a)(1)(making fraudulent or intentional false statement) arising from the airman’s failure to disclose the revocation of his medical certificate on a later application for a medical certificate (the airman’s medical certificate was
- [Voluntary Disclosure Reporting Program](https://shackelford.law/news-aviation/voluntary-disclosure-reporting-program/) - If you hold a Part 135 air carrier certificate and you discover that you operated one of your aircraft beyond the mandatory compliance date without completing a required inspection, what do you do? Or, what happens if you hold a Part 145 repair station certificate and you discover that several of your spare parts were
- [Another Question About Service Bulletin Compliance](https://shackelford.law/news-aviation/another-question-about-service-bulletin-compliance/) - Service bulletin compliance has been the subject of spirited debate among aircraft owners and aircraft maintenance professionals. Not surprisingly, I am frequently asked questions reegarding this complicated issue. In fact, I was recently asked my opinion regarding the issue of service bulletin compliance in the context of an aircraft purchase transaction. To learn more about
- [9th Circuit Holds That FAA Must Use Method Reasonably Calculated To Reach An Airman To Notify Of Suspension](https://shackelford.law/news-aviation/9th-circuit-holds-that-faa-must-use-method-reasonably-calculated-to-reach-an-airman-to-notify-of-suspension/) - The 9th Circuit Court of Appeals has followed the recent U.S. Supreme Court Opinion in Jones v. Flowers in holding that due process requires the FAA to use a method reasonably calculated under all of the circumstances to reach an airman when providing notice of a suspension or revocation. For more information regarding this case
- [NTSB Accident Briefs Allow Assessment Of An Airman's Post-Accident/Incident Conduct](https://shackelford.law/news-aviation/ntsb-accident-briefs-allow-assessment-of-an-airmans-post-accident-incident-conduct/) - A recent NTSB accident brief raises some interesting issues regarding an airman’s post-accident/incident conduct. The accident involved a 15,000 hour commercial pilot who took off in his C-210 and shortly thereafter realized that he was unable to retract or extend the main landing gear. Fortunately for the airman, the nose landing gear continued to function
- [NTSB Rejects Mechanic's Voluntary Disclosure Reporting Program Defense](https://shackelford.law/news-aviation/ntsb-rejects-mechanics-voluntary-disclosure-reporting-program-defense/) - An individual mechanic’s attempt to avoid enforcement action under the Voluntary Disclosure Reporting Program (“VDRP”) was recently rejected by the NTSB in Administrator v. Liotta. In response to the FAA’s allegations that the mechanic violated FAR 43.13(a), which the mechanic did not deny, the mechanic argued that his employer’s report of the violations pursuant to
- [Flying Into Canada After A DWI/DUI Conviction](https://shackelford.law/news-aviation/flying-into-canada-after-a-dwi-dui-conviction/) - Living here in Minnesota next to the “Great White North,” flights to and from Canada are a daily occurrence. Many of my clients have cabins in Canada. My charter clients fly passengers to the various lodges during the prime Canadian fishing season. One issue that has been discussed with greater frequency lately is the effect
- [Airmen Responsibility For Airworthiness](https://shackelford.law/news-aviation/airmen-responsibility-for-airworthiness/) - An airman recently asked me about a situation in which he had operated an aircraft and then shortly after his flight an inspection of the aircraft disclosed that one or more of the aircraft’s systems or components were broken during the airman’s flight. He was concerned regarding the risk of an enforcement action if the
- [The Value Of An Aircraft Purchase Agreement](https://shackelford.law/news-aviation/the-value-of-an-aircraft-purchase-agreement/) - If you are buying or selling an aircraft, whether a Cessna 152 or a Gulfstream GIV, you should use a purchase agreement. The purchase agreement can protect you in an aircraft transaction. For a discussion of the value of an aircraft purchase in a transaction that failed to close, please read my latest article discussing
- [China To Ratify Cape Town Convention On Aircraft Financing](https://shackelford.law/news-aviation/china-to-ratify-cape-town-convention-on-aircraft-financing/) - According to a Forbes article, China has initiated the ratification process for its execution of the Cape Town Convention on aircraft financing. China believes this action will make U.S. aircraft and aircraft parts manufacturers more willing to sell their products in China and will encourage lenders to finance those products. The U.S. government confirmed China’s ratification intentions and
- [Airplanes Can Make People Act "Crazy"](https://shackelford.law/news-aviation/airplanes-can-make-people-act-crazy/) - After representing many clients in a wide range of aviation related cases, I have come to the conclusion over the years that airplanes can make people act “crazy.” For a few examples of what I am talking about, please read my article on the subject here. Hopefully after reading the article, you will be able to
- [Aircraft Mechanic's Liens](https://shackelford.law/news-aviation/aircraft-mechanics-liens/) - When an FBO or maintenance shop provides storage, repair, maintenance or other services to an aircraft and the aircraft owner doesn’t pay for those services, whether because the bill is disputed or the owner doesn’t have the money, the FBO or maintenance shop typically has the ability to assert a lien against that aircraft and/or
- [FAA Proposes Changes To Aircraft Registration](https://shackelford.law/news-aviation/faa-proposes-changes-to-aircraft-registration/) - The FAA issued a Notice of Proposed Rulemaking (“NPRM”) on February 28, 2008 proposing significant changes to its aircraft registration requirements. As with all NPRMs, it is merely a proposal at this point in time and is not a final regulation. However, the proposed changes will affect current aircraft owners, as well as future aircraft
- [NTSB Upholds FAA's Broad Prosecutorial Discretion](https://shackelford.law/news-aviation/ntsb-upholds-faas-broad-prosecutorial-discretion/) - Can the FAA ignore its own published policy and guidance and pursue an enforcement action against an airman even when that action contradicts the policy and guidance? According to a recent NTSB opinion, the answer is: yes! In Administrator v. Murphy and Vernick the FAA alleged that airman Murphy violated FARs 91.13(a) (careless and reckless), 91.123(b) (Compliance with ATC clearance), and 91.111(a) (Operating
- [Three Additional Countries Accede To The Cape Town Convention](https://shackelford.law/news-aviation/three-additional-countries-accede-to-the-cape-town-convention/) - According the the International Registry, Zimbabwe, Luxembourg and Saudi Arabia have now acceded to the Cape Town Convention, including the Aircraft Protocol. To date, 21 contracting states have fully ratified the treaty including Afghanistan, Albania, Angola, Cape Verde, Columbia, Ethiopia, India, Indonesia, Ireland, Kenya, Malaysia, Mexico, Mongolia, Nigeria, Oman, Pakistan, Panama, Senegal, South Africa, UAE and the USA.
- [Failure To Disclose Misdemeanor Conviction On Medical Application Results In Revocation Of All Airman Certificates](https://shackelford.law/news-aviation/failure-to-disclose-misdemeanor-conviction-on-medical-application-results-in-revocation-of-all-airman-certificates/) - Consistent with precedent, the Board recently affirmed an ALJ’s grant of summary judgment to the FAA on an order revoking all of an airman’s certificates for violation of FAR 67.403(a)(1) (prohibition against making fraudulent or intentionally false statements on an application for a medical certificate). In Administrator v. Martinez, the airman checked the “no” box for question 18w
- [Disputing An Aircraft Mechanic's Lien](https://shackelford.law/news-aviation/disputing-an-aircraft-mechanics-lien/) - A client recently called in the middle of trying to sell his aircraft. Apparently the buyer received a title report that disclosed a mechanic’s lien recorded against my client’s aircraft. My client was surprised, to say the least. He believed that the mechanic’s lien was improper and wanted to know what he could do about
- [You Can't Win An EAJA Award When The FAA Dismisses Its Case Before The Hearing](https://shackelford.law/news-aviation/you-cant-win-an-eaja-award-when-the-faa-dismisses-its-case-before-the-hearing/) - In a recent case, the NTSB held that an award of attorney fees and costs under the Equal Access to Justice Act (“EAJA”) is not appropriate when the FAA dismisses its case prior to a hearing. Unfortunately, this ruling is yet another barrier to recovery of attorney fees and costs when the FAA improperly pursues
- [D.C. Circuit Court Of Appeals Allows Air Carrier Employee To Assert Compliance With Voluntary Disclosure Reporting Program As An Affirmative Defense](https://shackelford.law/news-aviation/d-c-circuit-court-of-appeals-allows-air-carrier-employee-to-assert-compliance-with-voluntary-disclosure-reporting-program-as-an-affirmative-defense/) - The D.C. Circuit Court of Appeals recently vacated an NTSB decision in which the Board refused to allow the employee of an air carrier to assert compliance with the Voluntary Disclosure Reporting Program (“VDRP”) as an affirmative defense to an FAA order of suspension. In Moshea v. NTSB, the FAA suspended the airman’s commercial pilot certificate
- [4th Circuit Court Of Appeals Affirms NTSB's "Congested Area" Determination](https://shackelford.law/news-aviation/4th-circuit-court-of-appeals-affirms-ntsbs-congested-area-determination/) - Do you know what constitutes a “congested area” under FAR 91.119? In a recent unpublished decision, the United States Court of Appeals, Fourth Circuit affirmed the determinations by an administrative law judge and the NTSB that the area over which two airmen flew was a “congested area.” For a discussion of the cases, please read my
- [Compliance With The Voluntary Disclosure Reporting Program Can Protect An Air Carrier Employee's Certificate](https://shackelford.law/news-aviation/compliance-with-the-voluntary-disclosure-reporting-program-can-protect-an-air-carrier-employees-certificate/) - As you may know, certificate holders (e.g. Part 121, 135 and 145, to name a few) can take advantage of the the Voluntary Disclosure Reporting Program (“VDRP”) to avoid enforcement action when a qualifying regulatory violation has occurred. However, what about an employee of the certificate holder? Well, according to a D.C. Circuit Court of
- [Lost Your Mechanic Lien Rights? A Judgment Lien May Still Do The Trick.](https://shackelford.law/news-aviation/lost-your-mechanic-lien-rights-a-judgment-lien-may-still-do-the-trick/) - What happens if a mechanic works on an aircraft and then the aircraft owner refuses to pay for the work? The answer that first comes to mind for most mechanics is: Put a mechanic or artisan lien on the aircraft. That’s a good answer, and a good option, when it is available. It is quick,
- [Consequences Of A Mishandled Crosswind Landing](https://shackelford.law/news-aviation/consequences-of-a-mishandled-crosswind-landing/) - According to an article in a California newspaper, the Modesto Bee, a pilot attempting to land at the Columbia airport had some problems with a crosswind which resulted in a rough landing. The landing was rough because it included a 15 foot bounce and a collision with three parked aircraft. Fortunately, the pilot only suffered minor injuries and
- [D.C. Circuit Affirms NTSB's Rejection Of EAJA Fees When FAA Dismisses Its Complaint Before A Hearing](https://shackelford.law/news-aviation/d-c-circuit-affirms-ntsbs-rejection-of-eaja-fees-when-faa-dismisses-its-complaint-before-a-hearing/) - In what can only be described as a continuing erosion in the deterrent effect which the Equal Access to Justice Act was intended to provide, the D.C. Circuit Court of Appeals has affirmed an NTSB decision in which the Board rejected two airmens’ EAJA fee requests after the FAA withdrew its complaints against them. For
- [How Long Does An Aircraft Mechanic's Lien Last?](https://shackelford.law/news-aviation/how-long-does-an-aircraft-mechanics-lien-last/) - I was recently asked the question “what happens to an aircraft mechanic’s lien that isn’t foreclosed upon within a certain period of time?” This person had been researching aircraft records at the FAA Registry and found several aircraft with liens that were recorded against the aircraft over 15 years ago. Not surprisingly, this made him
- [Need Help With Your Aircraft Re-Registration And Renewal?](https://shackelford.law/news-aviation/need-help-with-your-aircraft-re-registration-and-renewal/) - The FAA has started sending out its notice of “Expiration of Aircraft Registration” forms to aircraft owners. In addition to my article on the subject, Understanding The FAA’s New Aircraft Re-Registration And Renewal Requirements, both AOPA and EAA provide additional information and guidance for completing the re-registration/renewal process. EAA has created a Guide To The New FAA Re-Registration Form. AOPA has
- [Expungement: Having The Bad Stuff In Your Airman Record Removed](https://shackelford.law/news-aviation/expungement-having-the-bad-stuff-in-your-airman-record-removed/) - I was recently asked how long “bad stuff” stays in an airman’s FAA record; “bad stuff” meaning accidents, incidents and enforcement actions. Well, most information stays in the file unless it is removed (also known as “expunged”). Certain information will automatically be expunged by the FAA according to the following timeline: Warning Notice or Letter
- [Aircraft Maintenance Records: What You Write Matters](https://shackelford.law/news-aviation/aircraft-maintenance-records-what-you-write-matters/) - If you repair or perform service on an aircraft, you are responsible for making a record of that work. Depending upon whether you are the aircraft owner or a mechanic, those records could include logbook entries, work cards, estimates, work orders and invoices. Unfortunately, if those records are not prepared carefully, and as required by
- [An Airworthiness Certificate Requires More Than Just A Safe Condition](https://shackelford.law/news-aviation/an-airworthiness-certificate-requires-more-than-just-a-safe-condition/) - Is a properly maintained and safe aircraft airworthy? Not necessarily, according to a recent National Transportation Safety Board (“NTSB”) decision. The aircraft must also meet the technical requirements of its type certificate to be airworthy. For a discussion of the NTSB decision and what makes an aircraft airworthy, please read my latest article here.
- [Complying With A Manufacturer's "Current" Maintenance Instructions](https://shackelford.law/news-aviation/complying-with-a-manufacturers-current-maintenance-instructions/) - If you own or operate an aircraft subject to FAR § 91.409(f) you know that you need to have an FAA approved maintenance/inspection program in place for your aircraft. One option for complying with this requirement is to use a “current inspection program recommended by the manufacturer.” But what version do you need to use? Well, the
- [FAA Suspends Its Enforcement Expunction Policy](https://shackelford.law/news-aviation/faa-suspends-its-enforcement-expunction-policy/) - On February 11, 2011, the FAA published a Policy Statement in which it informs airman that the FAA is suspending its policy of expunging certain records of legal enforcement actions against individuals. Up until recently, the FAA would expunge an airman’s personal information from the FAA’s enforcement database 5 years after the FAA’s action in civil penalty
- [Firearms At The Checkpoint: Don't Do It.](https://shackelford.law/news-aviation/firearms-at-the-checkpoint-dont-do-it/) - According to a recent post on The TSA Blog, at least two passengers a day are caught at security checkpoints with a gun in their carry-on luggage. According to the post, when the passengers are caught, the most common response is “I didn’t know it was in the bag.” Unfortunately, that excuse works for the TSA just about
- [FAA Civil Penalty Actions: The Rest Of The Story](https://shackelford.law/news-aviation/faa-civil-penalty-actions-the-rest-of-the-story/) - Lately it seems the Federal Aviation Administration (“FAA”) has been aggressively pursuing civil penalty actions against various air carriers and maintenance facilities. The penalties proposed by the FAA have ranged from hundreds of thousands of dollars to millions of dollars. However, after the FAA announces proposed civil penalties, we usually don’t hear anything else about
- [April-Issued Certificate Re-Registration Deadline Approaches](https://shackelford.law/news-aviation/april-issued-certificate-re-registration-deadline-approaches/) - If you own an aircraft that was registered in the month of April of any year, your aircraft must be re-registered by June 30, 2011. Since the window for online registration has closed, if you haven’t done so already, you will need to submit your re-registration application to the FAA by mail. You should submit
- [May-Issued Aircraft Certificate Re-Registration Deadline Approaches](https://shackelford.law/news-aviation/may-issued-aircraft-certificate-re-registration-deadline-approaches/) - If you own an aircraft that was registered in the month of May of any year, your aircraft must be re-registered by September 30, 2011. 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 until you receive your new registration certificate.
- [DOM Liability For Work Performed By Other Mechanics](https://shackelford.law/news-aviation/dom-liability-for-work-performed-by-other-mechanics/) - Can a Director of Maintenance (“DOM”) rely upon work performed by other mechanics when he or she signs an aircraft’s logbook and returns it to service? Or, put another way, if a DOM returns an aircraft to service solely based upon representations by another mechanic that the work was, in fact, performed, is the DOM
- [NTSB Rejects ASRP Defense Where Airman's Conduct Was Not Inadvertent](https://shackelford.law/news-aviation/ntsb-rejects-asrp-defense-where-airmans-conduct-was-not-inadvertent/) - In another blow to the Aviation Safety Reporting System (“ASRP”) and the benefit it was intended to provide airman, the NTSB affirmed an administrative law judge’s (“ALJ”) finding that an airman’s conduct, although not deliberate, was not inadvertent as required by the program. To find out more, please read my latest article on the case: Proving
- [FAA Advises Air Carriers And Other Pilot Employers To Save Pilot Records](https://shackelford.law/news-aviation/faa-advises-air-carriers-and-other-pilot-employers-to-save-pilot-records/) - On August 15, 2011 the FAA issued InFO 11014 (InFO is short for “Information for Operators”) advising air carriers and other persons who employ pilots to prepare for and retain various records for transmission to the FAA’s Pilot Records Database (“PRD”). As you may know, in 2010 the Airline Safety and Federal Aviation Administration Extension Act of 2010,
- [Purchasing Experimental Aircraft: Trust, But Verify](https://shackelford.law/news-aviation/purchasing-experimental-aircraft-trust-but-verify/) - In a recent opinion issued by the National Transportation Safety Board, the Board affirmed an order suspending an airman’s certificate for violations that occurred in connection with his operation of an experimental helicopter he had recently purchased. The case addresses both registration and airworthiness issues that should be addressed by the purchaser of an experimental aircraft.
- [Can A Private Pilot Advertise On Facebook For Expense-Sharing Passengers?](https://shackelford.law/news-aviation/can-a-private-pilot-advertise-on-facebook-for-expense-sharing-passengers/) - This was one of the questions addressed in an October 3, 2011 Legal Interpretation issued by the FAA’s Office of Chief Counsel. The individual requesting the interpretation posed the questions in the context of a proposed trip to a wedding in which the pilot would receive a pro-rata share operating expense reimbursement from additional passengers pursuant to FAR 61.113(c).
- [Are You "Actively Engaged"?](https://shackelford.law/news-aviation/are-you-actively-engaged/) - Are you a mechanic who is interested in obtaining, or renewing, an inspection authorization? If so, you are probably familiar with the requirement that you be “actively engaged” in maintaining aircraft that are certificated and maintained under the FARs. Although the phrase “actively engaged” is not currently defined in the FARs, you should be aware
- [Pilot's Reliance Upon VFR GPS Does Not Excuse TFR Bust](https://shackelford.law/news-aviation/pilots-reliance-upon-vfr-gps-does-not-excuse-tfr-bust/) - The NTSB recently affirmed an administrative law judge’s (“ALJ”) determination that an airman’s violation FAR 91.141 (prohibiting operation of an aircraft within the restricted airspace of a VIP NOTAM) was not excused by his reliance upon a malfunctioning VFR GPS. For more information, please read my article on the case: Pilot’s Reliance Upon VFR GPS Does Not Excuse
- [NTSB Rejects Second Attempt To Obtain Medical Certificate By Airman With Disqualifying Conditions](https://shackelford.law/news-aviation/ntsb-rejects-second-attempt-to-obtain-medical-certificate-by-airman-with-disqualifying-conditions/) - A recent NTSB decision involved an airman’s attempts to obtain a medical certificate in spite of the airman’s disqualifying conditions. The case was based upon the FAA’s denial of a second application for medical certificate submitted by the airman after the airman had lost his appeal of the FAA’s denial of a previously submitted application.
- [What Do You Do If You Receive A Letter Of Investigation From The FAA?](https://shackelford.law/news-aviation/what-do-you-do-if-you-receive-a-letter-of-investigation-from-the-faa/) - If you receive a letter of investigation from an FAA inspector claiming that the FAA is investigating possible violations of the FARs, do you know (1) whether you should respond, and (2) if so, how you should respond? If you don’t know the answers to these two questions, you may want to read my article
- [August-Issued Aircraft Certificate Re-Registration Deadline Approaches](https://shackelford.law/news-aviation/august-issued-aircraft-certificate-re-registration-deadline-approaches/) - If you own an aircraft that was registered in the month of August of any year before October 1, 2010, your aircraft must be re-registered by June 30, 2012. You should submit your re-registration application as soon as possible since you won’t be able to operate your aircraft legally after June 30, 2012 until you
- [Flying Into Canada With A DWI Now Easier For Some Airmen](https://shackelford.law/news-aviation/flying-into-canada-with-a-dwi-now-easier-for-some-airmen/) - If you have read my article Flying Into Canada After A DWI or DUI Conviction, you know that a DWI or DUI conviction may prevent an airman from entering Canada or, at a minimum, may cause the airman some hassle, delay and expense when he or she arrives. Effective March 1, 2012, the situation has changed
- [NTSB Filing Deadlines Still Seem To Cause Problems For Some Airmen](https://shackelford.law/news-aviation/ntsb-filing-deadlines-still-seem-to-cause-problems-for-some-airmen/) - In four recent cases, Administrator v. Alvarez, Administrator v. Mason, Administrator v. McGrimley, and Administrator v. Wozniak, the airmen’s appeals were dismissed for failing to file within the time allowed by the 49 C.F.R. Part 821 – Rules of Practice in Air Safety Proceedings. In Alvarez, Mason and Wozniak, the airmen failed to file their appeal briefs within 30 days after a written decision
- [Do You Know What "Congested Area" Means?](https://shackelford.law/news-aviation/do-you-know-what-congested-area-means/) - If you do wonder what the term means, you aren’t alone. Some FAA inspectors wonder that same thing. For a discussion of the FAA’s position regarding the definition of “congested area” and similar terms, please read my latest article on the subject: Wonder What The Term “Congested Area” Means? Some FAA Inspectors Wonder That Too.
- [Are You Insured When You Rent an Aircraft?](https://shackelford.law/news-aviation/are-you-insured-when-you-rent-an-aircraft/) - When you rent an aircraft from an FBO or some other aircraft owner, you know that as pilot-in-command you have responsibility for operating that aircraft in compliance with the FARs. But other than having to face the wrath of the FAA, what is your responsibility if something bad happens during a flight (e.g. an accident)?
- [Changes To The Aviation Safety Reporting Program Increase Opportunities For Mechanics](https://shackelford.law/news-aviation/changes-to-the-aviation-safety-reporting-program-increase-opportunities-for-mechanics/) - Under the Aviation Safety Reporting Program (“ASRP”), if an individual holding a mechanic or other airman certificate files an ASRP form or “report” within the time required, any sanction that may be imposed by the FAA in a subsequent enforcement action arising from the conduct identified in the ASRP report can be waived. The FAA
- [When Aircraft Go Bump On The Ramp](https://shackelford.law/news-aviation/when-aircraft-go-bump-on-the-ramp/) - Ever wonder what your obligations might be if you accidentally taxi your aircraft into another aircraft on the ramp? Can you just inspect the damage to your aircraft, decide it looks OK and then go flying? And if you do, what will the FAA say if/when it gets involved? For answers to these questions, please
- [Make Sure Your Employees Are Covered By Your Drug And Alcohol Testing Programs](https://shackelford.law/news-aviation/make-sure-your-employees-are-covered-by-your-drug-and-alcohol-testing-programs/) - If you are a certificate holder that is required to have a drug and alcohol testing program (e.g. Part 121, 135, 145 etc.) you know, or you should know, that the consequences of non-compliance can be pretty severe. For a discussion of a recent decision in which a certificate holder incurred a civil penalty for
- [Aircraft Loan Documents: What To Expect](https://shackelford.law/news-aviation/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,
- [Who Can Return An Aircraft To Service On Behalf Of A Repair Station?](https://shackelford.law/news-aviation/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
- [January-Issued Aircraft Certificate Re-Registration Deadline Approaches](https://shackelford.law/news-aviation/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
- [What Do I Have To Show The FAA Inspector During A Ramp Check?](https://shackelford.law/news-aviation/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
- [An Aircraft Insurance Policy Is A Contract](https://shackelford.law/news-aviation/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,
- [Slander of Title: The Risk Of Filing An Invalid Mechanic's Lien](https://shackelford.law/news-aviation/slander-of-title-the-risk-of-filing-an-invalid-mechanics-lien/) - An individual recently called me and told me he wanted to file a mechanic’s lien against an aircraft. When I asked him what type of work he had performed he indicated that he had performed some maintenance on the aircraft and also provided pilot services to the owner in the aircraft. Unfortunately, in this individual’s
- [February-Issued Aircraft Certificate Online Re-Registration Deadline Approaches](https://shackelford.law/news-aviation/february-issued-aircraft-certificate-online-re-registration-deadline-approaches/) - If you own an aircraft that was registered in the month of February of any year before October 1, 2010, your aircraft must be re-registered by December 31, 2013. You should submit your re-registration application as soon as possible since you won’t be able to operate your aircraft legally after December 31, 2013 unless you
- [What Are The Limits Placed Upon A Mechanic Who Also Flies?](https://shackelford.law/news-aviation/what-are-the-limits-placed-upon-a-mechanic-who-also-flies/) - Are you a mechanic who works as a mechanic but also flies for a living? If so, you should be aware of and understand the flight/duty time challenges you face in that situation. For a discussion of those limitations, please read my latest article on the subject Wearing Two Hats: Limitations Of A Flying Mechanic.
- [Why Did I Receive A Request For Re-Examination From The FAA?](https://shackelford.law/news-aviation/why-did-i-receive-a-request-for-re-examination-from-the-faa/) - As you may know, if the FAA discovers evidence that leads it to reasonably question an airman’s qualifications to exercise the privileges of the airman’s certificate, the FAA may issue a “request for re-examination.” The “evidence” is usually a situation or circumstances involving the airman and his or her operation of an aircraft. And, unfortunately
- [When Will The FAA Use Administrative Action Rather Than Enforcement Action?](https://shackelford.law/news-aviation/when-will-the-faa-use-administrative-action-rather-than-enforcement-action/) - Throughout the years I have written about FAA legal enforcement actions in which the FAA has suspended or revoked an airman’s or mechanic’s certificate or the certificate of an air carrier or repair station, or has assessed a civil penalty against the certificate holder. But, surprisingly, the FAA does not resolve all cases with the
- [What's An Aircraft Bailment?](https://shackelford.law/news-aviation/whats-an-aircraft-bailment/) - If you are a maintenance facility and you work on other people’s aircraft, it is a good bet that a bailment relationship is created with the owners of the aircraft you maintain. For more information on how a bailment relationship is created and the rights and duties of a maintenance facility in such a relationship,
- [Is Unknown Ingestion A Valid Defense To A Positive Drug Test Result?](https://shackelford.law/news-aviation/is-unknown-ingestion-a-valid-defense-to-a-positive-drug-test-result/) - What happens if you take a drug test and end up with a positive result, but you never took any drugs? Can you convince the FAA not to revoke all of your certificates if you tell them you don’t know how the drug metabolites ended up in your drug test result? This so-called “unknowing ingestion”
- [FAA Confirms Barter May Be Used For Aircraft Rental And Expense.](https://shackelford.law/news-aviation/faa-confirms-barter-may-be-used-for-aircraft-rental-and-expense/) - What happens when you don’t have cash to spend on aircraft rental or expenses, but you do have a service or something else that would be of value to the aircraft owner or operator? Can you barter your services for use of the aircraft? The FAA recently answered these questions in the affirmative. For a
- [First Time, Inadvertent TFR Violation? Remedial Training May Now Be Available](https://shackelford.law/news-aviation/first-time-inadvertent-tfr-violation-remedial-training-may-now-be-available/) - With all of the permanent, temporary and “pop-up” temporary flight restrictions (“TFRs”) in the U.S. airspace today, the chances of busting a TFR have increased. Fortunately, the FAA is now taking a somewhat more enlightened approach in its dealings with airmen who may have violated a TFR. For a more detailed discussion of the FAA’s
- [Do You Know What "Pilot Performance" and "Professional Competence" Mean Under PRIA?](https://shackelford.law/news-aviation/do-you-know-what-pilot-performance-and-professional-competence-mean-under-pria/) - If you are an employer who receives Pilot Records Improvement Act (“PRIA”) requests, you know that it can sometimes be hard to determine exactly which records do and do not need to be disclosed. If you are pilot, not only do you want to make sure that the proper records are disclosed, but you also
- [Should You Buy Replacement Aircraft Identification Plates on the Internet?](https://shackelford.law/news-aviation/should-you-buy-replacement-aircraft-identification-plates-on-the-internet/) - These days, when I want to buy something, aviation related or otherwise, usually the first place I look is the internet. It is amazing what you can find and buy from the convenience of your computer. However, what happens is you need a replacement identification plate for your aircraft or one of its components? Is
- [Safety Pilot Questions Answered](https://shackelford.law/news-aviation/safety-pilot-questions-answered/) - If you are looking to build time, or if you are simply looking for an excuse to fly more and maybe share some of the expense, one way to do that is to act as a safety pilot for another pilot in simulated instrument conditions. But with the benefits of that arrangement come certain responsibilities
- [When Are Fees "Incurred" Under EAJA?](https://shackelford.law/news-aviation/when-are-fees-incurred-under-eaja/) - If the FAA pursues an enforcement or civil penalty action against you and then loses, the the Equal Access to Justice Act (“EAJA”) allows you to seek reimbursement from the FAA for your attorney’s fees and expenses if certain conditions are met. One of those conditions is that the fees must be “incurred.” What does
- [What Not To Do When You Register an Aircraft Owned by an LLC](https://shackelford.law/news-aviation/what-not-to-do-when-you-register-an-aircraft-owned-by-an-llc/) - These days more and more people are using LLC’s to own aircraft. Liability, organizational and tax benefits all make this entity an attractive option for aircraft ownership. However, when you register an aircraft owned by an LLC with the FAA, you need to make sure you give the FAA what it needs. For more information
- [100-Hour Inspections and Aircraft Used for Rental and Flight Instruction](https://shackelford.law/news-aviation/100-hour-inspections-and-aircraft-used-for-rental-and-flight-instruction/) - If you run an FBO or flight school and you use the same aircraft for both rental to customers and providing flight instruction, then you know you have to perform 100-hour inspections on your aircraft. But the timing for performing the 100-hour inspection can sometimes be confusing. For a discussion of how this requirement is
- [Documenting the 100-Hour Inspection](https://shackelford.law/news-aviation/documenting-the-100-hour-inspection/) - Do you know how and where the IA’s sign-off for your aircraft’s 100-hour inspection should be made? In the airframe logbook? In the engine logbook? In the propeller logbook? All of the above? If you aren’t sure, and would like to know, you may want to read my latest article on the topic: Understanding the “What”
- [D.C. Circuit Grounds Flytenow & Airpooler Private Pilot Flight Sharing Business Model](https://shackelford.law/news-aviation/d-c-circuit-grounds-flytenow-airpooler-private-pilot-flight-sharing-business-model/) - The D.C. Circuit Court of Appeals has rejected Flytenow’s petition to overturn the FAA’s interpretation that private pilots are not permitted to use online flight sharing portals/websites connecting them with potential passengers to share in the expenses of their flights. For a discussion of the decision and its impact on the online flight sharing business
- [Drone Operators Are Subject To FAA Enforcement](https://shackelford.law/news-aviation/drone-operators-are-subject-to-faa-enforcement/) - If you operate an unmanned aircraft system (“UAS”) or drone, you should be aware that your operation of the drone is subject to FAA enforcement. What does that mean? Well, for a discussion of FAA enforcement as it applies to UAS or drone operations, please read my latest article on the subject: Drone Operators Beware: Drone
- [What's the Difference Between "Wet" and "Dry" Aircraft Leases?](https://shackelford.law/news-aviation/whats-the-difference-between-wet-and-dry-aircraft-leases/) - Have you ever wondered what someone means when they refer to a “wet” versus a “dry” aircraft lease? Many people think it has something to do with whether the aircraft is being leased with or without fuel. However, fuel actually has nothing to do with the distinction. For an explanation of the difference between “wet”
- [What Happens to a Certificate After it is Suspended or Revoked?](https://shackelford.law/news-aviation/what-happens-to-a-certificate-after-it-is-suspended-or-revoked/) - So, your certificate has been suspended or, worse yet, revoked. Whether the FAA issued an order and you didn’t appeal, or you appealed and lost, you are still in the same position. But what, if anything, happens next, you might ask. Well for answers to this and other questions about this situation, please read my
- [What Do You Need To Document Maintenance Or An Inspection?](https://shackelford.law/news-aviation/what-do-you-need-to-document-maintenance-or-an-inspection/) - Most of us know that when a mechanic performs maintenance or an inspection on an aircraft he or she then needs to somehow document the work that was actually completed. But exactly how and where is the mechanic supposed to do that? For a discussion of the FAA’s answer to those questions, please read my
- [Are You Running An Illegal Flight Department Company?](https://shackelford.law/news-aviation/are-you-running-an-illegal-flight-department-company/) - Many people own aircraft using corporations or LLCs. Usually liability and tax benefits drive the decision. However, many of these ownership structures do not take into consideration regulatory requirements and, in fact, are not in compliance with the regulations. For a discussion of the flight department company trap, please read my latest article on the
- [How Does The FAA Calculate A Civil Penalty?](https://shackelford.law/news-aviation/how-does-the-faa-calculate-a-civil-penalty/) - As you may have seen in the past, when the FAA wants to send a message or make a statement regarding its proposed assessment of a civil penalty, oftentimes it will issue a press release. In many instances these press releases announce proposed civil penalties in the hundreds of thousands, if not millions, of dollars
- [What Happens if You Ignore the Terms of Your Aircraft Insurance Policy?](https://shackelford.law/news-aviation/what-happens-if-you-ignore-the-terms-of-your-aircraft-insurance-policy/) - If you are involved in an aircraft accident or incident, you want to make sure you have insurance coverage if you need it. In order to make sure you will have coverage, you need to understand the terms of your aircraft insurance policy and comply with any conditions or limitations in the policy. If you
- [What Is The Difference Between An "Inspection" And An "Overhaul"?](https://shackelford.law/news-aviation/what-is-the-difference-between-an-inspection-and-an-overhaul/) - Do you know the difference between an “inspection” and an “overhaul”? Does it matter? Well, depending upon the type of operations you conduct (e.g. under Part 91, 121, 125 or 135), yes, it does. In fact, the difference between the two may determine whether you have to perform a certain item of maintenance or not.
- [How To Choose Between Operating A Business Aircraft Under Part 91 Versus Part 135](https://shackelford.law/news-aviation/how-to-choose-between-operating-a-business-aircraft-under-part-91-versus-part-135/) - If you own a business aircraft, you may be wondering whether you should operate that aircraft under Part 91 or Part 135 of the Federal Aviation Regulations. In order to make that decision, you need to consider the benefits and limitations of each set of regulations. The decision can be complicated and usually requires a
- [What You Need To Know About Letters Of Authorization](https://shackelford.law/news-aviation/what-you-need-to-know-about-letters-of-authorization/) - Do you fly in RVSM airspace? Or do you manage aircraft that fly in RVSM airspace? Do you fly air tours under § 91.147? If your answer to any of the above-questions is “yes”, then you should be familiar with letters of authorization (“LOAs”). But do you understand who actually needs to apply for and be
- [What Are A Secured Party's Rights And Options After Repossessing An Aircraft In Texas?](https://shackelford.law/news-aviation/what-are-a-secured-partys-rights-and-options-after-repossessing-an-aircraft-in-texas/) - If you hold a security interest in an aircraft in Texas, do you know what your rights and remedies are if the borrower (e.g. the aircraft owner or operator) defaults? Can you repossess the aircraft and keep it? Do you have to sell it? If so, how and for how much? For the answers to
- [Aircraft Mechanic Liens In Texas](https://shackelford.law/news-aviation/aircraft-mechanic-liens-in-texas/) - Do you provide fuel, storage, repairs, or maintenance to aircraft in Texas? Have you ever had problems getting paid for the services you provide? If so, then a mechanic lien may be a handy tool to use with those aircraft owners/operators who do not pay you in a timely manner. For more information on asserting
- [Tax Considerations When Buying An Aircraft](https://shackelford.law/news-aviation/tax-considerations-when-buying-an-aircraft/) - If you are considering buying an aircraft, you have a lot of things to analyze and evaluate in order to make sure the purchase meets your needs, both from operational, as well as a financial, perspectives. One of the issues that will require your attention is the potential for tax consequences arising from your purchase.
- [Flight School Security Awareness Training: Are You In Compliance?](https://shackelford.law/news-aviation/flight-school-security-awareness-training-are-you-in-compliance/) - After 9/11, the TSA determined that flight schools and flight instructors were in a position to help provide security in the aviation environment. As a result, the TSA enacted regulations requiring both flight schools and independent CFIs to receive security awareness training so they could assist in the security functions at general aviation airports. Unfortunately, security awareness
- [Using An LLC To Own An Aircraft: A Potential Trap For The Unwary.](https://shackelford.law/news-aviation/using-an-llc-to-own-an-aircraft-a-potential-trap-for-the-unwary/) - Do you own your aircraft with a limited liability company (“LLC“)? If the LLCs members and/or guests are flying on the aircraft, are you confident that you have structured your ownership and operation in a way that complies with the regulations? If not, you may want to reevaluate how you are doing things and seek
- [What Does The Word "Current" Mean In The Context Of Aircraft Maintenance?](https://shackelford.law/news-aviation/what-does-the-word-current-mean-in-the-context-of-aircraft-maintenance/) - Unfortunately, the word “current” does not necessarily mean the same thing in each of the regulations in which it is used. Which makes some sense, since different regulations address different issues and situations. So, let’s take a look at a few maintenance regulations to see what the FAA means when it references “current” in each.
- [How Should An Employer Handle Employee Use Of A Private Aircraft?](https://shackelford.law/news-aviation/how-should-an-employer-handle-employee-use-of-a-private-aircraft/) - What happens when one of your employees, who also happens to be a pilot, comes to you and says that he or she wants to fly an aircraft that is not owned or leased by you, the employer, for the purposes of your business? And, by the way, the employee also says he or she
- [When Must An Employer Add An Employee To Its DOT Random Drug/Alcohol Testing Pool?](https://shackelford.law/news-aviation/when-must-an-employer-add-an-employee-to-its-dot-random-drug-alcohol-testing-pool/) - If are an employer holding a certificate that requires you to have a drug and alcohol testing program, then you should be familiar with the requirement that all of your employees performing safety-sensitive functions must be subject to random drug and alcohol testing. This means that the employees are included in a “pool” from which
- [LLC Statements: What You Need To Know](https://shackelford.law/news-aviation/llc-statements-what-you-need-to-know/) - Have you ever tried to register an aircraft with the FAA on behalf of a limited liability company (“LLC“) only to be told by the FAA that you need to submit a “statement in support of registration by a limited liability company” (an “LLC Statement“)? Or have you submitted an LLC Statement only to have
- [The FAA's New Part 120 Voluntary Disclosure Reporting Program: Should An Employer Use It?](https://shackelford.law/news-aviation/the-faas-new-part-120-voluntary-disclosure-reporting-program-should-an-employer-use-it/) - The FAA has released a new AC 120-117 Voluntary Disclosure Reporting Program(“VDRP”) specifically for employer disclosure of 14 C.F.R. Part 120 violations. Some might say “this is a good thing.” Others may say “it’s about time.” And still others may say the VDRP is “better than nothing.” And none of these statements is entirely wrong. But we need
- [How Do You Respond To A Request For Reexamination?](https://shackelford.law/news-aviation/how-do-you-respond-to-a-request-for-reexamination/) - If you are involved in an accident or incident and the FAA finds out about it, which it usually does, it is quite possible that you may receive a letter from the FAA requesting that you submit to “reexamination.” This is also commonly referred to as a “709 Ride.” If you receive a letter like
- ["As-Is, Where-Is" Language In An Aircraft Purchase Agreement: Does It Mean What It Says?](https://shackelford.law/news-aviation/as-is-where-is-language-in-an-aircraft-purchase-agreement-does-it-mean-what-it-says/) - The majority of aircraft purchase agreements I come across these days include language stating that the aircraft is being purchased “as-is” or “as-is, where-is.” Additional disclaimer language will say that the seller is not making, nor is the buyer relying upon, any representations or warranties regarding the condition of the aircraft, and may even go
- [When, If Ever, Should A Certificate Issued By The FAA Be Surrendered?](https://shackelford.law/news-aviation/when-if-ever-should-a-certificate-issued-by-the-faa-be-surrendered-2/) - It takes a lot of work and effort to obtain certificates issued by the FAA. Once you have the certificate, you don’t ordinarily want to give it up. Unfortunately, in some circumstances you are required to surrender a certificate. In other circumstances you may not be required to surrender a certificate, but it may be
- [If You Want To Have Insurance Coverage, You Need To Comply With The Terms Of Your Policy](https://shackelford.law/news-aviation/if-you-want-to-have-insurance-coverage-you-need-to-comply-with-the-terms-of-your-policy/) - Aircraft owners buy insurance to make sure they and their aircraft are covered if they ever have a problem. But just paying the premium for a policy isn’t enough. If an aircraft owner and/or pilot does not comply with the requirements of the insurance policy, the insurer can deny coverage. And that just adds to
- [Notifying The FAA Of A Change Of Address](https://shackelford.law/news-aviation/notifying-the-faa-of-a-change-of-address/) - The FAA wants to be able to track you down. Why? Aside from the obvious compliance and enforcement reasons, the FAA also wants to keep airmen informed of seminars (e.g. Wings programs etc.), to request input from airmen regarding local issues (e.g. airspace design, airport closure etc.) and to provide airmen with any other aviation
- [Cellular Telephones And PDA's In The Cockpit](https://shackelford.law/news-aviation/cellular-telephones-and-pdas-in-the-cockpit/) - Can you use a cellular telephone in a private, general aviation aircraft? What about personal digital assistants (“PDA’s”)? MP3 players? CD players? Laptop computers? With the proliferation of cellular telephones and portable electronic devices (“PED’s”), these questions are more and more frequent. This article will give you some answers to these questions. However, as you
- [Guarding The Gate: Flight Instructors Duties Under TSA’s Alien Flight Training/Citizenship Validation Rule](https://shackelford.law/news-aviation/guarding-the-gate-flight-instructors-duties-under-tsas-alien-flight-training-citizenship-validation-rule/) - If you are a Certified Flight Instructor (“CFI”) and you have wanted to somehow contribute to post-9/11 aviation security, now is your chance. Even if such a desire wasn’t high on the priority list, unfortunately, CFI’s no longer have a choice. Under the new Transportation Security Administration (“TSA”) Alien Flight Training Rule, CFI’s now have a legal
- [Understanding and Negotiating the Airport Lease](https://shackelford.law/news-aviation/understanding-and-negotiating-the-airport-lease/) - Failure to understand the terms and conditions of an airport lease could leave your business out in the cold. Careful attention to some of the following lease provisions can protect you and your business. Lease Term. This provision deals with the duration of the lease. Specifically, you need to know when the lease actually starts.
- [Drone Registration: Just In Time For The Holidays?](https://shackelford.law/news-aviation/drone-registration-just-in-time-for-the-holidays/) - As you may know, the FAA is working on regulations that will govern the operation of unmanned aircraft systems (“UAS”), more commonly and colloquially referred to as “drones.” With the concern that thousands of drones will be flying off the shelves this Christmas, the concern and, in some circles panic, has gotten the FAA’s attention.
- [Limiting Your Liability Exposure With A “Limitation of Liability Clause”](https://shackelford.law/news-aviation/limiting-your-liability-exposure-with-a-limitation-of-liability-clause/) - In this litigious society in which we live, it is prudent to try and limit our liability exposure in as many ways as we reasonably can. This is especially true when we are negotiating and entering into contracts. But you may wonder, can you really limit your liability simply by including certain language in your
- [When Bad Things Happen To Good Aircraft Buyers: Recognizing And Avoiding Aircraft Title Problems](https://shackelford.law/news-aviation/when-bad-things-happen-to-good-aircraft-buyers-recognizing-and-avoiding-aircraft-title-problems/) - Whether you are purchasing your first aircraft or the latest in a succession of aircraft, as an aircraft buyer you need to proceed with caution. If you don’t, after the seller has left with your money, you may have unanswered questions: Do I really own the aircraft? Have I missed any skeletons hiding in the
- [Service Bulletins: What Is An Aircraft Owner To Do?](https://shackelford.law/news-aviation/service-bulletins-what-is-an-aircraft-owner-to-do/) - If you own an aircraft, you no doubt have received a “service bulletin” from the manufacturer of your aircraft or one of its components (e.g. the engine, avionics or accessories). Depending upon the manufacturer, a service bulletin may also be called a “mandatory service bulletin,” “technical service bulletin,” “service letter” or “service instructions.” Service bulletins
- [Understanding And Negotiating Aircraft Leases](https://shackelford.law/news-aviation/understanding-and-negotiating-aircraft-leases/) - If you own an aircraft, but are not fully utilizing the aircraft, how can you maximize your investment in the aircraft? What do you do if you cannot afford to own an aircraft, but you still want to fly? The answer to these questions for many people is aircraft leasing. An aircraft lease can allow
- [Purchasing An Aircraft Hangar: Buyer Beware](https://shackelford.law/news-aviation/purchasing-an-aircraft-hangar-buyer-beware/) - It always surprises me when a potential buyer of an aircraft hangar is unsure whether he or she should use a purchase agreement when buying the hangar. Most of these individuals have purchased homes and no doubt used a purchase agreement in such transactions. Yet, many of these same individuals would spend a comparable amount
- [The Latest Lycoming Engine Airworthiness Directive: What You Need To Know](https://shackelford.law/news-aviation/the-latest-lycoming-engine-airworthiness-directive-what-you-need-to-know-2/) - Are you one of the estimated 778 unfortunate aircraft owners affected by the latest Lycoming airworthiness directive (“AD”)? If you are, I am hopeful this article will help you navigate your current situation. The Airworthiness Directive On August 4, 2017 Lycoming issued a “Mandatory Service Bulletin” requiring inspection, and potentially replacement, of connecting rod bushings in certain Lycoming engines
- [A Pilot’s Duty To Report Alcohol Related Driving Offenses To The FAA: Post-Party Blues](https://shackelford.law/news-aviation/a-pilots-duty-to-report-alcohol-related-driving-offenses-to-the-faa-post-party-blues/) - At this festive time of year, with Christmas parties and New Year’s Eve parties, I thought it would be helpful to re-visit the obligations of an airman who is arrested for driving-while-intoxicated (“DWI”)(this would include similar charges such as driving-under-the-influence (“DUI”) and operating-while-intoxicated (“OWI”)). Although most people are familiar with the term “DWI”, it is
- [Flying Through The Turbulence Of A Second DWI](https://shackelford.law/news-aviation/flying-through-the-turbulence-of-a-second-dwi/) - What happens to a pilot who is charged with his or her second DWI/DUI or other alcohol related offense? First, the reporting requirements of FAR 61.15(e) apply. For more information on these requirements, please review my January 2005 article on the topic here. If the second DWI is within 3 years of the first, FAR 61.15(d) will require denial of
- [Dealing With The FAA's Denial Of An Airman Medical Application](https://shackelford.law/news-aviation/dealing-with-the-faas-denial-of-an-airman-medical-application/) - Some airmen dread the regular pilgrimage to their local aviation medical examiner (“AME”), especially if they have experienced health problems since obtaining their last medical certificate. After all, if for some reason the AME is unable to issue an airman a medical certificate, that airman will be grounded for some period of time and, possibly,
- [Aircraft Mechanic Liability: If You Sign, Your Certificate Is On The Line](https://shackelford.law/news-aviation/aircraft-mechanic-liability-if-you-sign-your-certificate-is-on-the-line/) - A recent NTSB Opinion and Order reaffirms the responsibility of a mechanic who signs off on an aircraft’s logbook for work performed by another. In Blakey v. Adili, the FAA alleged that the mechanic violated 14 C.F.R. 43.13(a) by failing to perform a gear retraction test after changing a flat tire on a Cessna 402. That
- [Timely Appeal Required For Equal Access to Justice Act (EAJA) Recovery of Attorney's Fees & Expenses](https://shackelford.law/news-aviation/timely-appeal-required-for-equal-access-to-justice-act-eaja-recovery-of-attorneys-fees-expenses/) - The Equal Access to Justice Act (“EAJA”) allows a certificate holder (airman, mechanic, medical etc.) to apply for and receive an award of attorney’s fees and expenses under certain situations when the certificate holder is successful in defending against an FAA enforcement action. EAJA awards are intended to deter the government from pursuing cases that
- [NTSB Refuses to Review FAA "Security Threat" Revocations](https://shackelford.law/news-aviation/ntsb-refuses-to-review-faa-security-threat-revocations/) - Recently enacted FAR Section 61.18 disqualifies a person from holding a certificate, rating or authorization issued by the FAA when the Transportation Security Administration (“TSA”) notifies the FAA in writing that the person poses a “security threat”. Further, the FAA must “suspend any certificate, rating or authorization” when the TSA issues an Initial Notification of
- [ATC’s Failure To Provide Notice Of Deviation Can Result In Sanction Waiver](https://shackelford.law/news-aviation/atcs-failure-to-provide-notice-of-deviation-can-result-in-sanction-waiver-3/) - In a recent National Transportation Safety Board decision, the Board reaffirmed the concept that ATC’s failure to notify a pilot of an ATC deviation may entitle the pilot to a waiver of sanction. This case doesn’t remove a finding that a pilot has violated a Federal Aviation Regulation (“FAR”), but it does extend the waiver
- [ATC’s Failure To Provide Notice Of Deviation Can Result In Sanction Waiver](https://shackelford.law/news-aviation/atcs-failure-to-provide-notice-of-deviation-can-result-in-sanction-waiver-2/) - In a recent National Transportation Safety Board decision, the Board reaffirmed the concept that ATC’s failure to notify a pilot of an ATC deviation may entitle the pilot to a waiver of sanction. This case doesn’t remove a finding that a pilot has violated a Federal Aviation Regulation (“FAR”), but it does extend the waiver
- [Pilot In Command: The Ultimate Authority and Ultimately Responsible](https://shackelford.law/news-aviation/pilot-in-command-the-ultimate-authority-and-ultimately-responsible/) - In light of some of the recent “high-profile” aircraft accidents, I thought now would be an appropriate time to discuss the authority a pilot has in operating an aircraft, as well as the responsibility that comes with that authority. As is often the case, the pilot and his or her actions as pilot in command
- [What Happens To Your Certificate Following Suspension Or Revocation](https://shackelford.law/news-aviation/what-happens-to-your-certificate-following-suspension-or-revocation/) - Is a certificate suspension or revocation the end of the story for a certificate holder? Not usually. A certificate holder has some additional responsibilities, as well as liability exposure if he or she fails to fulfill those obligations. However, before we talk about the aftermath of certificate suspension or revocation, we should briefly discuss how
- [Flying For Hire: Privileges And Limitations Of A Commercial Pilot Certificate.](https://shackelford.law/news-aviation/flying-for-hire-privileges-and-limitations-of-a-commercial-pilot-certificate/) - Introduction Many people, both pilot and non-pilot alike, think that if a pilot has a commercial pilot certificate he or she can get paid for flying. However, the commercial pilot certificate alone does not grant the privilege of receiving compensation for flying under all circumstances. Commercial pilots must be clear on both the privileges and
- [Flight Review Requirements Under FAR §61.56: When Is A Flight Review Needed And How Are the Requirements Met?](https://shackelford.law/news-aviation/flight-review-requirements-under-far-§61-56-when-is-a-flight-review-needed-and-how-are-the-requirements-met/) - It is always surprising to me how many pilots fail, whether intentionally or inadvertently, to obtain a flight review (formerly called a “biennial flight review”) as required by FAR §61.56. This is the type of violation that is not readily apparent to the FAA, but is usually discovered by an FAA inspector’s inevitable review of an
- [Equal Access To Justice Act: Making The FAA Pay](https://shackelford.law/news-aviation/equal-access-to-justice-act-making-the-faa-pay/) - If the FAA initiates an enforcement action or civil penalty action and then loses, does the certificate holder or target of the civil penalty action have any recourse? Well, under the Equal Access to Justice Act (“EAJA”) it may be able possible to make the FAA pay for the attorney’s fees and expenses incurred by
- [The Aviation Safety Reporting Program: No Sanction Waiver For Intentional Violation](https://shackelford.law/news-aviation/the-aviation-safety-reporting-program-no-sanction-waiver-for-intentional-violation/) - Many airmen are familiar with the Aviation Safety Reporting Program (“ASRP”). Some view the ASRP as a “get out of jail free” card. Unfortunately, the program does have some limitations. The Program Under the ASRP, as explained in Advisory Circular 00-46D if an airman files an ASRP form (also somewhat inappropriately referred to as the “NASA form”
- [Pilot In Command: The Duties And Responsibilities Of Taking Control](https://shackelford.law/news-aviation/pilot-in-command-the-duties-and-responsibilities-of-taking-control/) - A recent NTSB decision, Administrator v. Corredor, re-affirms the duties and responsibilities to which an airman is subject when he or she assumes the status of pilot in command (“PIC”). The case arose out of an incident involving the aircraft in which the airman was flying; specifically, an airspace incursion. Unfortunately for the airman, the case
- [Identification Of A "Congested Area" Under FAR § 91.119: Hindsight Is 20/20](https://shackelford.law/news-aviation/identification-of-a-congested-area-under-far-§-91-119-hindsight-is-20-20/) - The primary issue in a recent NTSB decision, Administrator v. Folk, was whether the airmen’s low-level flights occurred over a “congested area” as referenced in FAR § 91.119. Although this case arose in the context of an aerial applicator operation, it is instructive for FAR Part 91 general aviation operations as well. The Regulation As you may
- [Petition For Reconsideration: Asking The NTSB To Change Its Mind](https://shackelford.law/news-aviation/petition-for-reconsideration-asking-the-ntsb-to-change-its-mind/) - What happens if an airman believes the National Transportation Safety Board (“NTSB”) decided his or her case incorrectly? Does the airman have any recourse, short of appealing the NTSB’s decision to the United States Court of Appeals? In this situation, the airman may file a “Petition for Reconsideration” that, in essence, asks the NTSB to change its
- [Flight Into Known Icing Conditions: An Update](https://shackelford.law/news-aviation/flight-into-known-icing-conditions-an-update/) - Although we are, hopefully, finished with the worst of the winter here in the north woods, this also signifies a time of year when airman must exercise additional vigilance regarding the dangers presented by icing conditions. A recent Legal Interpretation issued by the FAA’s Office of Chief Counsel attempts to clarify some of the past uncertainty regarding
- [Flying Through the Turbulent Aftermath of an Unauthorized TFR or DC ADIZ Incursion](https://shackelford.law/news-aviation/flying-through-the-turbulent-aftermath-of-an-unauthorized-tfr-or-dc-adiz-incursion/) - As many of you already know, the Washington D.C. Air Defense Identification Zone (“DC ADIZ”) has become permanent and corresponding training has become mandatory. Additionally, temporary flight restrictions (“TFRs”) continue to “pop-up” throughout the country. Against this backdrop, a recent opinion by the National Transportation Safety Board provides a good opportunity to discuss what you
- [The FSS Weather Briefing: How Much Information Is Enough?](https://shackelford.law/news-aviation/the-fss-weather-briefing-how-much-information-is-enough/) - As pilots, one of our responsibilities before each flight, per FAR 91.103, is to make ourselves “familiar with all available information concerning that flight” including weather reports and forecasts when the flight is “not in the vicinity of an airport.” With the proliferation of weather services available on the internet, many pilots look to those services
- [Defending Against An Intentional Falsification Charge: A Question Of Intent](https://shackelford.law/news-aviation/defending-against-an-intentional-falsification-charge-a-question-of-intent/) - The District of Columbia Circuit of the United States Court of Appeals recently issued two opinions addressing two airmen’s attempts to defend themselves against FAA claims that they intentionally falsified their medical certificate applications. In both cases, the Court reversed the National Transportation Safety Board’s (“NTSB”) approval of the FAA’s revocation order, although for slightly different reasons. The Court
- [Drug Testing Refusal Cases: Worthy of Appeal?](https://shackelford.law/news-aviation/drug-testing-refusal-cases-worthy-of-appeal/) - If you work in a safety-sensitive position for an employer subject to Department of Transportation drug and alcohol testing requirements (e.g. Part 121 and 135 carriers, as well as maintenance providers who maintain aircraft on behalf of those carriers, or operators who conduct non-stop sightseeing flights for compensation or hire under FAR 91.147), you have
- [Beyond FAA Enforcement: Criminal Prosecution For Falsification Of Aircraft Maintenance Records](https://shackelford.law/news-aviation/beyond-faa-enforcement-criminal-prosecution-for-falsification-of-aircraft-maintenance-records/) - In past articles, we’ve talked about FAA enforcement cases in which the FAA alleges that a mechanic has falsified maintenance records. You know from those discussions that revocation of all airman certificates (mechanic, pilot and medical) is the FAA’s policy and standard response in such cases. In other words, if the FAA successfully proves its
- [Analyzing a Stale Complaint Affirmative Defense in the Face of an Allegation of Lack of Qualification.](https://shackelford.law/news-aviation/analyzing-a-stale-complaint-affirmative-defense-in-the-face-of-an-allegation-of-lack-of-qualification/) - The Stale Complaint Defense As you may know, one of the defenses available to an airman in an FAA enforcement action is the stale complaint affirmative defense. Under 49 C.F.R. § 821.33 the FAA has 6 months from the date of an alleged offense within which to initiate an enforcement action. An airman must assert the stale
- [When Is A Touch-And-Go Landing Not A Landing?](https://shackelford.law/news-aviation/when-is-a-touch-and-go-landing-not-a-landing/) - As pilots, we all know that with every takeoff we perform, at some point after that takeoff a landing will occur, some better than others. This is true whether we are flying to a destination or simply performing touch-and-go takeoffs and landings in the local pattern. However, the term “landing” may mean different things in
- [Negotiating Aviation Contract Terms](https://shackelford.law/news-aviation/negotiating-aviation-contract-terms/) - Recently, I was working with an FBO client of mine drafting a hangar lease. I drafted a lease that included fairly one-sided provisions regarding insurance, indemnification, limitations of liability etc. (all standard provisions to protect a landlord’s interests). After reviewing the draft lease, the client asked “What if an aircraft owner does not want to
- [Local Airplane Rides in Jeopardy](https://shackelford.law/news-aviation/local-airplane-rides-in-jeopardy/) - The FAA has issued Notice of Proposed Rulemaking: Docket Number 4521 titled National Air Tour Safety Standards. The NPRM proposes limitations and restrictions on the ability of pilots to engage in charity and sightseeing flights. The NPRM appears to be a response to a number of sightseeing accidents involving Part 135 helicopter operators, but it’s
- [Welcome to Aviation Law Discussions](https://shackelford.law/news-aviation/welcome-to-aviation-law-discussions/) - As far as I know, this is the only blog on the internet solely related to aviation law issues. Welcome aboard! I hope you find these discussions interesting and helpful. For more in depth discussions of some of the issues appearing here, please refer to my Aviation Law Articles page or contact me directly.
- [Don't Throw Away Your Aircraft Insurance Premiums](https://shackelford.law/news-aviation/dont-throw-away-your-aircraft-insurance-premiums/) - Aircraft insurance premiums have seen unprecedented increases in the last several years. Many aircraft owners and operators have seen 100-150% increases in their premiums. They begrudgingly pay the premiums because they have to. Yet many of these owners and operators are throwing their money away. Why? Because they are doing something, or failing to do
- [DRVSM Is On Its Way](https://shackelford.law/news-aviation/drvsm-is-on-its-way/) - According to an FAA Advance Notice the Domestic Reduced Vertical Separation Minimums (DRVSM) will go into effect at 0901 UTC on January 20, 2005. In order to operate between Flight Levels 290 and 410 and take advantage of the 1,000 foot vertical separation, as opposed to the current 2,000 foot separation, operators will need to
- [2004 Appropriations Bill Leaves GA 9/11 Relief in Funding Hold](https://shackelford.law/news-aviation/2004-appropriations-bill-leaves-ga-9-11-relief-in-funding-hold/) - The Aviation Reauthorization Act authorized approximately $100 million for general aviation relief to compensate aviation businesses for the losses they sustained due to the government’s actions post 9/11. Unfortunately, the 2004 Omnibus Appropriations Bill passed last week did not include funding for the promised relief. General aviation will have to wait until Fiscal Year 2005
- [Third-Party Review Of Security Risk Assessments Allowed?](https://shackelford.law/news-aviation/third-party-review-of-security-risk-assessments-allowed/) - Several sections of the Aviation Reauthorization Act required that procedures be created to allow an airman facing revocation of his or her certificate a meaningful review of the “security risk” assessment made by the TSA. According to an AvWeb Report, if an Administrative Law Judge affirms an FAA order revoking an airman’s certificate based upon
- [New ELT Requirement Grounds Corporate Jets](https://shackelford.law/news-aviation/new-elt-requirement-grounds-corporate-jets/) - Effective January 1, 2004, FAR 91.207 requires that an aircraft operating under FAR Parts 121, 125 and 135 have an automatic emergency locator transmitter (ELT) installed. In addition to a number of very specific exceptions to the rule exist (e.g. training flights; operations incident to design, testing, manufacture or delivery), one exception allows an operator
- [FAA Extends Comment Period For Charity/Sightseeing NPRM](https://shackelford.law/news-aviation/faa-extends-comment-period-for-charity-sightseeing-nprm/) - As discussed in my December 23, 2004 post, the FAA is proposing a rule that will require all Part 91 sightseeing operations to become certificated under the more stringent requirements of Part 135. The original deadline within which to provide comments to the FAA was January 20, 2004. However, apparently the FAA has already received
- [Independent Review of FAA Conduct in Investigations/Enforcement Actions?](https://shackelford.law/news-aviation/independent-review-of-faa-conduct-in-investigations-enforcement-actions/) - If you have ever been the subject of an FAA investigation and/or FAA enforcement action, you may have felt that the conduct of the inspector(s) and other FAA personnel went beyond proper and professional behavior. Well, you are not alone. However, targets of FAA investigations and enforcement actions may soon have some recourse for improper
- [Comment Period for ETOPS NPRM Extended](https://shackelford.law/news-aviation/comment-period-for-etops-nprm-extended/) - The FAA has extended the deadline for comments relating to its ETOPS (Extended Twin-Engine Operations) Notice of Proposed Rulemaking: Docket Number 6717 an additional 60 days. The new deadline is March 15 and should be published in the January 6 Federal Register. Under the FAA’s proposed rule aircraft operated under FAR Part 135 would be
- [FAA Announces Internet Public Meetings on Charity/Sightseeing NPRM](https://shackelford.law/news-aviation/faa-announces-internet-public-meetings-on-charity-sightseeing-nprm/) - As discussed in earlier posts, rather than conduct open public meetings, the FAA has decided to hold Internet public meetings to obtain feedback on the Charity/Sightseeing NPRM. Although not an ideal forum, it may provide a greater opportunity for input from individuals and operators who might not otherwise have been able to participate in public
- [Drug and Alcohol Rules for Repair Stations Updated](https://shackelford.law/news-aviation/drug-and-alcohol-rules-for-repair-stations-updated/) - On January 12, 2004, the FAA published new regulations, Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities, amending the drug and alcohol rules for repair stations. The amendments become effective February 11, 2004. To comply, repair stations need to contact their PMI and provide their 1) company name; 2) certificate
- [NTSB Receives "Clean" Bill of Health](https://shackelford.law/news-aviation/ntsb-receives-clean-bill-of-health/) - Under the Accountability of Tax Dollars Act of 2002, the NTSB is annually required to submit audited financial statements to the Congress and Office of Management and Budget. The Inspector General for the Department of Transportation is charged with the audit oversight authority to review the NTSB’s management, property management and business operations. After reviewing
- [NBAA To Host ETOPS Summit](https://shackelford.law/news-aviation/nbaa-to-host-etops-summit/) - In response to the FAA’s Proposed ETOPS Rule, the NBAA will host a meeting in Washington, DC on February 17 from 10:00 a.m. to 3:00 p.m. The purpose of the meeting is to discuss the proposed ETOPS rule and identify areas for comment. Affected operators will then have until March 15, 2004 to submit comments
- [Another Low For The Plaintiff's Bar](https://shackelford.law/news-aviation/another-low-for-the-plaintiffs-bar/) - A man fell down the escalator at an airport. See AP Article. The injury occurred after he was a passenger on a US Airways flight. During the flight, the passenger ordered a cocktail. The flight attendant served the passenger at least one alcoholic beverage on the flight. The flight arrived at its destination and the
- [Another "Drunk" Airline Pilot Bagged Prior to Flight](https://shackelford.law/news-aviation/another-drunk-airline-pilot-bagged-prior-to-flight/) - Reminiscient of the America West incident in August of last year, an Aloha Airlines first officer was barred from boarding an aircraft which he was scheduled to fly from Oakland, CA to Hawaii. See AP Article. The pilot allegedly blew a .182 on the breathalyzer, well beyond the state legal limit of .08 and the
- [Volunteer Pilot Organization Protection Act](https://shackelford.law/news-aviation/volunteer-pilot-organization-protection-act/) - Two identical bills, H.R. 1084 and S. 955, were recently introduced to the House and Senate, respectively. The bills, titled the Volunteer Pilot Organization Protection Act, are intended to amend the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization that flies for public benefit, its staff members, and its
- [More Congressional Misperceptions Regarding Aviation Security](https://shackelford.law/news-aviation/more-congressional-misperceptions-regarding-aviation-security/) - The Secure Existing Aviation Loopholes Act, H.R. 3798, was recently introduced by Congressman Markey (D-MA). The bill is intended to amend the Homeland Security Act of 2002 and is the latest attempt to address security issues within aviation using a poorly aimed shotgun approach. In addition to requiring additional security measures for air cargo operations,
- [New Field Approval Advisory Circular Released](https://shackelford.law/news-aviation/new-field-approval-advisory-circular-released/) - The FAA released a new advisory circular (AC) that explains the process and procedure to be used in obtaining a field approval for a type certificated aircraft. AC 43-210, “Standardized Procedures for Requesting Field Approval of Data, Major Alterations, and Repairs”, describes the procedures for obtaining a field approval including, submission of data supporting the
- [Stupid Pilot Tricks](https://shackelford.law/news-aviation/stupid-pilot-tricks/) - A recent FAA enforcement action provides another example of what I like to refer to as a “stupid pilot trick”. The case arose from a pilot’s execution of three low passes at an airstrip with a snow covered runway being used by snowmobilers. According to the snowmobilers, the aircraft flew within several feet of them
- [The Pilot Is Responsible For FAR Compliance](https://shackelford.law/news-aviation/the-pilot-is-responsible-for-far-compliance/) - What happens when a pilot carries passengers or property on behalf of an employer when the employer does not have an air carrier certificate, but receives “goodwill” and “gas money” in exchange for the flights flown by its employee? Well, if the FAA finds out about it, in all likelihood the FAA will take action
- [TFR's and Flight Service Briefings](https://shackelford.law/news-aviation/tfrs-and-flight-service-briefings/) - I was recently asked whether a pilot should call flight service and obtain a briefing for every flight. The example was given of a short flight across town from Minneapolis Crystal (KMIC) to Minneapolis Flying Cloud (KFCM). My advice is “YES”! Since 9/11, temporary flight restrictions (“TFR’s”) pop up in multiple locations throughout the country.
- [Obtaining Aircraft Records From the FAA](https://shackelford.law/news-aviation/obtaining-aircraft-records-from-the-faa/) - Did you know that the FAA will provide you with copies of registration and airworthiness records for any aircraft registered in the United States. An aircraft’s registration history will include such documents as applications for aircraft registration, evidence of ownership, security agreements, mechanics liens, lien releases, leases, lease terminations, and N Number Changes. The Airworthiness
- [FAA Seeks Comments For Existing FAR's You Would Like To Go Away](https://shackelford.law/news-aviation/faa-seeks-comments-for-existing-fars-you-would-like-to-go-away/) - The FAA is requesting public comments to identify regulations that should be amended, simplified or removed. The purpose is to identify regulations that are no longer necessary, impose an undue burden or duplicate or conflict with other federal regulations. Comments will be compared with the FAA’s regulatory and rulemaking agenda and then the FAA will
- [Cape Town Treaty Moving Towards Approval](https://shackelford.law/news-aviation/cape-town-treaty-moving-towards-approval/) - The U.S. House Aviation Subcommittee approved H.R. 4226, moving one step closer to approval and ratification of the Cape Town Convention and the Protocol on Matters Specific to Aircraft Equipment (Cape Town Treaty). In order to implement the Cape Town Treaty, the bill would designate the FAA Civil Aviation Registry as the entry point for
- [Obtaining A TSA Fleet Waiver For International Flight Operations](https://shackelford.law/news-aviation/obtaining-a-tsa-fleet-waiver-for-international-flight-operations/) - Part 91 operators seeking a TSA Fleet Waiver to FDC NOTAM 2/5319 now have new application guidance. 2/5319 governs all IFR and VFR International Part 91 flights to or from the U.S. If an operator wants to fly to or from the U.S. using different procedures than described in 2/5319, then the operator must obtain
- [The Department of Labor Maintains Its Postion Regarding Non-Exempt Status of Pilots](https://shackelford.law/news-aviation/the-department-of-labor-maintains-its-postion-regarding-non-exempt-status-of-pilots/) - The April 23, 2004 issue of the Federal Register contained the U.S. Department of Labor’s (DOL) new final federal regulation under the Fair Labor Standards Act (FLSA) implementing the exemption from minimum wage and overtime pay for executives, administrative, professional, outside sales, and computer employees. The DOL decided not to apply the “professional” exemption from
- [TSA Inspector General Reports That Airport Screeners Perform Poorly](https://shackelford.law/news-aviation/tsa-inspector-general-reports-that-airport-screeners-perform-poorly/) - A recent AP article in the April 22, 2004 edition of the Duluth News Tribune discusses a report by the Department of Homeland Security Inspector General regarding the performance of airport screeners. When asked to compare the quality of work between privately contracted and federally employed screeners, the IG stated that they both “performed about
- [Federal Air Marshal Leaves Weapon In Bathroom At Cleveland Airport](https://shackelford.law/news-aviation/federal-air-marshal-leaves-weapon-in-bathroom-at-cleveland-airport/) - The April 19, 2004 issue of Aviation Week & Space Technology contained an AP report that a federal air marshal had “accidnetally” left her gun in the restroom at the Cleveland Hopkins International Airport. Apparently she placed the weapon on a shelf while she was washing her hands. She then “forgot” about the weapon and
- [FAA Agrees To Hold Public Meetings On Charity/Sightseeing NPRM](https://shackelford.law/news-aviation/faa-agrees-to-hold-public-meetings-on-charity-sightseeing-nprm/) - Yesterday, three days before the deadline for submitting comments, the FAA announced that it will hold public meetings on the Charity/Sightseeing NPRM. Two meetings will be held: One in Washington D.C. on May 11, 2004 at the Holiday Inn on the Hill, 415 New Jersey Avenue N.W., Washington, D.C. 20001. and the other on May
- [Exchange Deadline For Warbird And Turbine Experimental Pilot LOA/LOOA Draws Near](https://shackelford.law/news-aviation/exchange-deadline-for-warbird-and-turbine-experimental-pilot-loa-looa-draws-near/) - If you hold a Letter of Authorization (LOA) or Letter of Operational Authority (LOOA) to act as pilot in command of U.S. and non-U.S. surplus military aircraft and certain turbine-powered experimental amateur-built/experimental exhibition aircraft, you have until July 31, 2004, to exchange your LOA and LOOA for an airman certificate. FAA Notice No. 8700.24 outlines
- [Adhering To Aviation "Truths" Is Good Accident/Enforcement Prevention](https://shackelford.law/news-aviation/adhering-to-aviation-truths-is-good-accident-enforcement-prevention/) - In the April issue of EAA’s Sport Aviation, the Plane Talk column by Lauran Paine Jr. contains what he calls “self-evident truths”. Although these truths don’t technically raise legal issues, ignorance of or indifference to these truths has resulted in a great deal of FAR violations and also accidents. For the sake of safety and
- [Final Rule Reorganizes Air Traffic Security In FAR Part 99](https://shackelford.law/news-aviation/final-rule-reorganizes-air-traffic-security-in-far-part-99/) - The FAA issued a final rule reorganizing its regulations governing the security control of air traffic (See FAR Part 99). According to the FAA, the reorganization was necessary “to reflect the changing environment and the increased role of [other] Federal agencies in advising the FAA about matters related to the security of air traffic operations….”
- [Federal Bonus Depreciation Not Recognized By All States](https://shackelford.law/news-aviation/federal-bonus-depreciation-not-recognized-by-all-states/) - The 50% bonus depreciation of aircraft purchased after May 5, 2003 and placed in service before January 1, 2005 allowed at the federal income tax level has not been recognized by all states. Taxpayers taking advantage of the bonus depreciation will need to check the laws of their particular state to determine whether their state
- [Signature Alone Will No Longer Be Good Enough For FAA Registry](https://shackelford.law/news-aviation/signature-alone-will-no-longer-be-good-enough-for-faa-registry/) - Effective June 1, 2004, all aircraft registration applications (AC Form 8050-1) submitted to the FAA Registry will need to contain both the signature and the typed or printed name of the person signing. Although the form has a place for the printed/typed name, up until now the FAA has not rejected applications omitting the printed/typed
- [Extension of Bonus-Depreciation Tough Sell](https://shackelford.law/news-aviation/extension-of-bonus-depreciation-tough-sell/) - The General Aviation Manufacturers Association (GAMA) is facing opposition to its efforts to lobby congress for an extension of the 50% bonus-depreciation tax break included in the Jobs and Growth Tax Relief Reconciliation Act of 2003. The deadline for taking advantage of the bonus-depreciation requires that new equipment, including aircraft, be placed into service by
- [Advisory Circular Proposed For Creation/Use of Airworthiness Compliance Checklists](https://shackelford.law/news-aviation/advisory-circular-proposed-for-creation-use-of-airworthiness-compliance-checklists/) - On May 28, 2004, the FAA published a Notice of Proposed Advisory Circular relating to the creation and use of airworthiness compliance checklists used when making major alterations to small airplanes. Proposed AC 23-XX-21 would provide guidance material for use of these compliance checklists in connection with “major” alterations, as defined in 14 CFR 1.1,
- [AOPA Charity Flight Drug Testing Exemption Extended by FAA](https://shackelford.law/news-aviation/aopa-charity-flight-drug-testing-exemption-extended-by-faa/) - On May 20, 2004 the FAA granted the Aircraft Owner and Pilot Association’s (AOPA) petition to extend Exemption 7112, as amended. This Exemption allows AOPA members to provide local sightseeing flights at charity and community events without having to comply with the drug and alcohol misuse prevention requirements of FAR Part 135. The extension extends
- [Three-Trip Rule For International Fleet Waiver Operations Suspended by TSA](https://shackelford.law/news-aviation/three-trip-rule-for-international-fleet-waiver-operations-suspended-by-tsa/) - According to the NBAA, the TSA has suspended the three-trip requirement for international fleet waivers. As discussed in my April 27, 2004 post, the TSA was granting waivers from FDC NOTAM 2/5319 provided that an operator was flying a cumulative average of three international flights per month. The NBAA met with the TSA last Thursday
- [FAA Withdraws Cessna 400 Series Wing Spar AD](https://shackelford.law/news-aviation/faa-withdraws-cessna-400-series-wing-spar-ad/) - In a withdrawal notice published today in the Federal Register, the FAA withdrew Notices of Proposed Rule Making 2000-CE-05-AD and 2000-CE-57-AD. These NPRM’s contained Airworthiness Directives that would have requied all owners of Cessna aircraft series 401 through 414A “to repetitively inspect the wing spar caps for fatigue cracks and repair or replace as necessary
- [FAA Aircraft Registration Enforcement To Increase](https://shackelford.law/news-aviation/faa-aircraft-registration-enforcement-to-increase/) - Beginning June 1, 2004, an aircraft owner who fails to respond within 60 days under the Triennial Aircraft Registration Report program, could face enforcement action against his or her aircraft’s registration certificate. The FAA Aircraft Registration Branch has indicated that potential actions could include suspension or revocation of an aircraft’s certificate of registration and cancellation
- [FAA Replacement Certificates On-line](https://shackelford.law/news-aviation/faa-replacement-certificates-on-line/) - If you lose your airman’s certificate, or if it happens to go through the washing machine and it is no longer legible(for those of us who haven’t had a check-ride in awhile and still have a paper certificate), now you can order a replacement certificate on-line at the FAA Civil Registry website. Yes, it will
- [TSA Releases General Aviation Airport Guidelines](https://shackelford.law/news-aviation/tsa-releases-general-aviation-airport-guidelines/) - As you may have heard by now, the TSA released its GA Airport Security Guidelines on May 17, 2004. The guideline document is an “Information Publication”, not a regulation or rule, and is designed to establish non-regulatory guidelines for general aviation airport security. Recognizing that a single approach to security at all airports was not
- [FAA To Amend FAR 43.17 To Facilitate Negotiation Of Canadian Bilateral Agreement](https://shackelford.law/news-aviation/faa-to-amend-far-43-17-to-facilitate-negotiation-of-canadian-bilateral-agreement/) - The FAA today issued Notice of Proposed Rule Making 2004-17683 to address constraints that currently impede negotiating Maintenance Implementation Procedures (MIP) under the current Bilateral Aviation Safety Agreement (BASA). Without the existing constraints, the FAA could then negotiate an agreement with Canada that would expand the allowable maintenance capabilities in the U.S. and Canada. Most
- [TSA Suspends "Security Threat" Revocation Rule](https://shackelford.law/news-aviation/tsa-suspends-security-threat-revocation-rule/) - The Transportation Security Administration (“TSA”) has suspended enforcement of the rule that allowed it to revoke an airman’s certificate if he or she was deemed to pose a “security threat” to aviation security. As discussed in previous posts, if the TSA determined that an airman posed a risk to aviation security, upon notice from the
- [Air Marshals Exposed](https://shackelford.law/news-aviation/air-marshals-exposed/) - An article in today’s edition of USA Today discloses air marshals at Milwaukee’s Mitchell International irport, and at most of the major airports around the country, are routinely escorted through the exit isles at the security checkpoints. As the article points out, it doesn’t take a rocket scientist to figure out that the individuals taking
- [FAA Press Release Warns About Carrying Fireworks On Aircraft](https://shackelford.law/news-aviation/faa-press-release-warns-about-carrying-fireworks-on-aircraft/) - In anticipation of the July 4th holiday weekend, the FAA today issued a Press Releaseadvising passengers of the prohibitions of carrying fireworks on aircraft. Although it doesn’t specifically reference what types of aircraft, the press releases references to an aircraft’s “pressurized atmosphere” and to domestic and international regulations appears to be aimed at transport category
- [Personal Use of Corporate Aircraft Under Fire From Congress](https://shackelford.law/news-aviation/personal-use-of-corporate-aircraft-under-fire-from-congress/) - Congress is taking aim at personal use of corporate aircraft. In the House of Representatives, Rep. Rahm Emanuel (D-Ill.) and 10 other Democrat cosponsors introduced The Corporate Jet Tax Shelter Reform Act of 2004 (H.R.4352) seeking to restrict a company’s ability to deduct certain portions of a flight conducted for personal use. The bill would
- [Cape Town Treaty Moving Forward](https://shackelford.law/news-aviation/cape-town-treaty-moving-forward/) - On June 22, 2004, the Senate Foreign Relations Committee approved H.R. 4226 and the full House voted by voice vote to pass legislation implementing the Cape Town Convention and the Protocol on Matters Specific to Aircraft Equipment (Treaty Doc 108-10 or Cape Town Treaty). The Cape Town Treaty, as it is sometimes referred to by
- [Calling Flight Service For NOTAM's Is A Post-9/11 Necessity](https://shackelford.law/news-aviation/calling-flight-service-for-notams-is-a-post-9-11-necessity/) - All pilots should be familiar with and abide by FAR 91.103 which requires that “[e]ach pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.” In what appears to me to be a “no-brainer,” in my humble opinion, an airman’s private pilot certificate was suspended for 240 days
- [Extension Of 50% Bonus Depreciation Placed-In-Service Requirement Likely](https://shackelford.law/news-aviation/extension-of-50-bonus-depreciation-placed-in-service-requirement-likely/) - With passage of H.R. 4520, the American Jobs Creation Act, by the United States House of Representatives, it appears likely that the current 50 percent bonus depreciation placed-in-service requirement will be extended to allow purchasers of general aviation aircraft to continue to take advantage of the 50 percent bonus depreciation through January 1, 2006. H.R.
- [EPA Proposes Extension to Oil-Spill Rule Deadline Applicable To FBO's And Other Aircraft Refuelers](https://shackelford.law/news-aviation/epa-proposes-extension-to-oil-spill-rule-deadline-applicable-to-fbos-and-other-aircraft-refuelers/) - The Environmental Protection Agency (EPA) has proposed extending an industry compliance deadline for its 2002 revisions to oil spill response and prevention rules which apply to a wide range of industry sectors, including FBO’s and other operators who perform aircraft fueling. The Proposed Rule establishes amended deadlines of August 17, 2005, to amend an existing
- [FAA Posts Two New DRVSM Documents To Its Website](https://shackelford.law/news-aviation/faa-posts-two-new-drvsm-documents-to-its-website/) - The FAA has posted two new documents discussing Domestic Reduced Vertical Separation Minimums (DRVSM) to its website. “Basic Operator Information on DRVSM Programs”, dated June 1, 2004, provides a basic overview of the DRVSM program, including program objectives, background, regulation and guidance, an overview of the RVSM authorization process and an explanation of basic DRVSM
- [12-5 Standard Security Program No Longer Applicable To Aircraft Weighing 12,500 Pounds](https://shackelford.law/news-aviation/12-5-standard-security-program-no-longer-applicable-to-aircraft-weighing-12500-pounds/) - The TSA recently released a “technical change” to the Twelve-Five Standard Security Program to exclude aircraft weighing 12,500 pounds or less from the 12-5 Program requirements. Prior to this change, the 12-5 Program included aircraft engaged in scheduled and charter operations with a maximum certificated takeoff weight of 12,500 pounds or more. This “technical change”
- [Timely Reporting And Remedial Treatment Do Not Mitigate Sanction For Multiple DUI Suspensions](https://shackelford.law/news-aviation/timely-reporting-and-remedial-treatment-do-not-mitigate-sanction-for-multiple-dui-suspensions/) - The NTSB recently affirmed a 120-day suspension of a pilot’s airman certificates, including his commercial pilot certificate, after the airman received two driving under the influence (DUI) driver’s license suspensions within three years in violation of FAR 61.15(d). In Administrator v. Kennedy, the FAA issued an Order of Suspension after the airman reported the second
- [EAA Charity Flight Drug Testing Exemption Renewed by FAA](https://shackelford.law/news-aviation/eaa-charity-flight-drug-testing-exemption-renewed-by-faa/) - On May 20, 2004 the FAA granted the Experimental Aircraft Association’s (EAA) petition to extend Exemption 7111C, as amended. This Exemption allows EAA chapters to conduct local sightseeing flights at charity and community events without having to comply with the drug and alcohol misuse prevention requirements of FAR Part 135. The extension extends the term
- [FAA To Update Small Aircraft Alterations Advisory Circular](https://shackelford.law/news-aviation/faa-to-update-small-aircraft-alterations-advisory-circular/) - The FAA is proposing to revise and update the current AC 43.13-2A, Acceptable Methods, Techniques, and Practices – Aircraft Alterations to “reflect advances in aviation technology”. The current AC provides guidance to mechanics and repair stations for performing simple alterations to non-pressurized, certificated aircraft weighing less than 12,500 pounds. The new policy would apply to
- [Copyright License Not Required For Part 91 Inflight Videos](https://shackelford.law/news-aviation/copyright-license-not-required-for-part-91-inflight-videos/) - In response to member inquiries, NBAA has issued “guidance to its Members that a Motion Picture Licensing Corporation (MPLC) subscription is not required to legally display videos during Part 91 flights.” Apparently MPLC was contacting NBAA members and telling them they needed “a public performance exhibition license” in order to show videos on Part 91
- [Eighth Circuit Holds That A Heliport Is An Airport](https://shackelford.law/news-aviation/eighth-circuit-holds-that-a-heliport-is-an-airport/) - The Eight Circuit Court of Appeals in Edwards v. Federal Aviation Administration recently held that “a licensed heliport is an airport”. Seems like a “no-brainer” to me, but the court did provide a fairly detailed analysis supporting its legal conclusion. The case took place in Sturgis, North Dakota during the annual motorcycle rally. Mr. Edwards’
- [Final Light Sport Aircraft Rule Is Published In The Federal Register](https://shackelford.law/news-aviation/final-light-sport-aircraft-rule-is-published-in-the-federal-register/) - The Light Sport Aircraft Final Rule was published in today’s edition of the Federal Register. The Rule goes into effect September 1, 2004. However, the FAA still needs to publish an implementation rule providing procedures and programs for putting the Final Rule into effect. Of specific interest to many airman will be the alternate procedure
- [More TFR Confusion](https://shackelford.law/news-aviation/more-tfr-confusion/) - How would you like to be this pilot: After a visit to a Shreveport, LA casino, he returns to Arlington, Texas with his family in their Cessna 210. Upon landing, the pilot is told that the secret service wants to have a chat with him about his violation of the presidential TFR around Waco, TX.
- [FAA Provides Explanation For Medical Denial Exclusion For Sport Pilot Airman](https://shackelford.law/news-aviation/faa-provides-explanation-for-medical-denial-exclusion-for-sport-pilot-airman/) - In conjunction with its issuance of the new Sport Aircraft Rule, the FAA issued a statement addressing airmen’s concerns regarding the inability of an airman use a driver’s license to operate under a Sport Pilot Certificate when that airman has previously been denied an FAA medical certificate or had a medical certificate revoked: “We understand
- [FAA Issues Light Sport Aircraft Rule](https://shackelford.law/news-aviation/faa-issues-light-sport-aircraft-rule/) - The FAA issued a Press Release today announcing the release of the long awaited Light Sport Aircraft Rule. The Rule was created “for the manufacture, certification, operation, and maintenance of light-sport aircraft” and was intended to “make recreational flying safer while keeping it affordable and fun”. Light-sport aircraft weigh less than 1,320 pounds (1,430 pounds
- [WI Court of Appeals Upholds Aircraft Service Mechanic's Right To Receive Payment For Owner Requested Inspection](https://shackelford.law/news-aviation/tips-for-renting-your-aircraft-4/) - In a decision filed July 8, 2004, the Wisconsin Court of Appeals has upheld an aircraft maintenance provider’s right to receive payment for inspection work requested by an aircraft owner and performed by the service provider even when the aircraft owner ultimately has another facility perform the repair work identified in the inspection. Wisconsin Aviation
- [Department of Transportation Revises Civil Penalty Rules](https://shackelford.law/news-aviation/department-of-transportation-revises-civil-penalty-rules/) - The Department of Transportation published a Final Rule in the Federal Register last Friday revising the civil penalty provisions applicable to violations of the aviation economic requirements of Title 49. This rule incorporates the recently enacted Vision 100–Century of Aviation Reauthorization Act’s revised civil penalty provisions into 14 CFR Part 383. Although the statutory amendments
- [FAR Part 91, Subpart K, Fractional Compliance Deadline is February 17, 2005](https://shackelford.law/news-aviation/far-part-91-subpart-k-fractional-compliance-deadline-is-february-17-2005/) - Last September the FAA released FAR Part 91, Subpart K, regulating fractional aircraft programs/operations. Existing fractional programs that plan to continue as fractional, operating under the new FAR Part 91, Subpart K, have until February 17, 2005 to ensure that their operations are in compliance. The FAA projects that at least a full six months
- [Federal Grand Jury Indicts America West Pilots](https://shackelford.law/news-aviation/federal-grand-jury-indicts-america-west-pilots/) - Following a July 1, 2002 arrest for operating an aircraft while under the influence of alcohol, two former America West Airlines pilots have been indicted in Miami on charges of being under the influence of alcohol while they were behind the controls of a passenger aircraft. According to a CNN article, the federal indictment charges
- [TSA To Address Airport Employee And Access Security Gaps](https://shackelford.law/news-aviation/tsa-to-address-airport-employee-and-access-security-gaps/) - According to an AP news story in today’s USA Today, the TSA has issued new security directives mandating more detailed background checks on employees of airport restaurants, newsstands and other shops behind security checkpoints and those same employees will also have to start passing through metal detectors on their way to work. The new directives
- [Flight Testing Still Required For Certification Of Airframe Ice Detection And Protection Systems On Transport Category Aircraft](https://shackelford.law/news-aviation/flight-testing-still-required-for-certification-of-airframe-ice-detection-and-protection-systems-on-transport-category-aircraft/) - The FAA published a Notice of Issuance of Advisory Circular in today’s federal register for Advisory Circular 25.1419-1A, Certification of Transport Category Airplanes for Flight in Icing Conditions. This AC provides guidance for certification of airframe ice protection systems on transport category aircraft in accordance with FAR 25.1419 and is an updated version of a
- [Calculation Of Six-Month Due Diligence Period For Stale Complaint Defense to FAR 61.15 Violations Defined](https://shackelford.law/news-aviation/calculation-of-six-month-due-diligence-period-for-stale-complaint-defense-to-far-61-15-violations-defined/) - It is nice to see that the NTSB is following the Ramaprakash line of cases delineating the timing for calculating the six months necessary for a stale complaint defense to an FAA enforcement action for a violation of FAR 61.15. On remand from the D.C. Circuit Court of Appeals opinion in Ramaprakash v. Federal Aviation
- [FAA Order 8110.4C, Type Certification, Revisions Proposed](https://shackelford.law/news-aviation/faa-order-8110-4c-type-certification-revisions-proposed/) - Following the recent flurry of proposed revisions to orders affecting parts and systems manufacturing, on August 25, 2004 the FAA published a Notice of availability and request for public comment in the Federal Register proposing revisions to FAA Order 8110.4C, Type Certification. A copy of the proposed revised order is available from the FAA online
- [FAA Proposes Revisions to Order 8110.42, Parts Manufacturer Approval Procedures](https://shackelford.law/news-aviation/faa-proposes-revisions-to-order-8110-42-parts-manufacturer-approval-procedures/) - In a Notice of availability and request for public comment published in the Federal Register on August 25, 2004, the FAA is seeking comments on its proposed revision to Order 8110.42, Parts Manufacturer Approval Procedures. A copy of the proposed order is available from the FAA online here. Order 8110.42 provides “procedures for the evaluation
- [FAA Proposes Modifications To Airport Improvement Program Grant Assurances](https://shackelford.law/news-aviation/faa-proposes-modifications-to-airport-improvement-program-grant-assurances/) - On Tuesday the FAA published a Notice of modification of Airport Improvement Program grant assurances in the Federal Register for public comment. The AIP grants are provided to airport sponsors for airport planning, airport development, noise compatibility planning or noise mitigation. “Upon acceptance of the Airport Improvement Program (AIP) grant by an airport sponsor, the
- [IRS Publishes Air Transportation Excise Tax Regulations](https://shackelford.law/news-aviation/irs-publishes-air-transportation-excise-tax-regulations/) - On August 10, 2004, the Internal Revenue Service (IRS) published Temporary and Final excise tax regulations and a related Notice of proposed rulemaking in the Federal Register. The regulations detail the requirements of persons who receive payments for air transportation subject to excise tax when the person liable for the tax refuses to pay it.
- [Ice Detection System Advisory Circular Issued](https://shackelford.law/news-aviation/ice-detection-system-advisory-circular-issued/) - On Tuesday, August 18, 2004, the FAA published Notice of issuance of advisory circular for “AC 23.1419-2C, Certification of Part 23 Airplanes for Flight in Icing Conditions” in the Federal Register. This AC “applies to the approval of airplane ice protection systems for operating in the icing environment defined by Part 25, Appendix C”. It
- [Instrument Practical Test Standards Revised](https://shackelford.law/news-aviation/instrument-practical-test-standards-revised/) - In April, 2004, the FAA updated and revised the Practical Test Standards (“PTS”) for the Instrument Rating. The new standards become effective October 1, 2004. Of interest to CFII’s is a substantial change in the requirements for administering and Instrument Proficiency Check (“IPC”). Currently, a CFII has discretion regarding what PTS tasks he or she
- [FAA To Continue To Pay For Airlines' War Risk Insurance](https://shackelford.law/news-aviation/faa-to-continue-to-pay-for-airlines-war-risk-insurance/) - In a Notice of Extension of Aviation Insurance published in the Federal Register today, the FAA states that it will continue to pay for war risk insurance for U.S. Flag air carriers through December 31 of this year. The FAA was originally reviewing/renewing the war risk insurance on a 60 day basis, but Presidential Order
- [Interesting Safety Information](https://shackelford.law/news-aviation/interesting-safety-information/) - I just received the Spring 2004 R & D Review from the FAA. This is a quarterly newsletter from the FAA’s Air Traffic Organization and Development Office. Although the newsletter primarily covers research and development efforts into safety related products and programs, this latest issue contained some statistics that I thought were very interesting. Did
- [DOT Revises SIFL Rates](https://shackelford.law/news-aviation/dot-revises-sifl-rates/) - If an employee flies on an employer-provided aircraft for non-business purposes, the value of that transportation is potentially taxable to the employee. This is also true for the employee’s family members or a non-employee guest. The Standard Industry Fare Level (SIFL) rate is used to meet the Internal Revenue Service Rules Section 1.61-21(g) requirement that
- [New Educational Resources For Pilots And Flight Instructors Available From FAA](https://shackelford.law/news-aviation/new-educational-resources-for-pilots-and-flight-instructors-available-from-faa/) - In a Notice of availability published today in the Federal Register, the FAA released three new educational resources for pilots and flight instructors. The materials are the first in series of web-based training materials the FAA is publishing aimed at the operational needs of the general aviation community. The new resources include Flight Instructor Training
- [FAA Proposes New Advisory Circular For Part 23 Certification Of Airplanes And Airships](https://shackelford.law/news-aviation/faa-proposes-new-advisory-circular-for-part-23-certification-of-airplanes-and-airships/) - In today’s Federal Register the FAA published a Notice of availability for proposed “Advisory Circular on Systems and Equipment Guide for Certification of Part 23 Airplanes and Airships” (AC 23-17B). This would replace and supercede the current AC 23-17A. AC 23-17B sets forth guidance for complying with 14 CFR Part 23 for the certification of
- [FAA Publishes Comments and Responses To Picture Identification Rule](https://shackelford.law/news-aviation/faa-publishes-comments-and-responses-to-picture-identification-rule/) - Back on October 28, 2002, the FAA issued a final rule requiring all airman to carry a government issued picture ID along with their airman certificates. Although issued as a final rule without the typical advance comment period, the FAA did provide the opportunity for interested parties to submit comments to the final rule. The
- [FAA Extends NBAA Small Aircraft Exemption](https://shackelford.law/news-aviation/faa-extends-nbaa-small-aircraft-exemption-3/) - The FAA has extended the National Business Aviation Association’s (NBAA) Exemption 7897, as amended. The NBAA’s Small Aircraft Exemption, as it is called by NBAA, has been in existence since 1994. The exemption allows NBAA Members to operate small civil airplanes and helicopters of U.S. registry under the operating rules of 14 CFR 91.503 through
- [ATC's Failure To Provide Notice Of Deviation Can Result In Sanction Waiver](https://shackelford.law/news-aviation/atcs-failure-to-provide-notice-of-deviation-can-result-in-sanction-waiver/) - In a recent National Transportation Safety Board decision, the Board reaffirmed the concept that ATC’s failure to notify a pilot of an ATC deviation may entitle the pilot to a waiver of sanction. This case doesn’t remove a finding that a pilot has violated a Federal Aviation Regulation (“FAR”), but it does extend the waiver
- [Tips For Renting Your Airman Operating Aircraft After Revocation Of Airman Certificate Subject To Civil Penalty](https://shackelford.law/news-aviation/tips-for-renting-your-airman-operating-aircraft-after-revocation-of-airman-certificate-subject-to-civil-penalty/) - The NTSB recently upheld a civil penalty against an airman who was caught flying after his airman certificate was revoked. In Administrator v. Broff, the FAA imposed a $2,000.00 civil penalty against Mr. Broff for violating FAR 61.3(a) when he operated five flights (three of them carrying a passenger) without an airman certificate. Mr. Broff’s
- [FAA Publishes Interim Final Rule On Alien Flight Training](https://shackelford.law/news-aviation/faa-publishes-interim-final-rule-on-alien-flight-training/) - The FAA today published its Interim Final Rule on alien flight training. The interim rule is effective today. Flight schools providing instruction in aircraft weighing in excess of 12,500 lbs. must comply with the rule by October 5, 2004. Flight schools providing instruction in aircraft weighing 12,500 lbs. or less must comply with the rule
- [FAA Extends Comment Period For Proposed Modifications To The Airport Improvement Program's Grant Assurances](https://shackelford.law/news-aviation/faa-extends-comment-period-for-proposed-modifications-to-the-airport-improvement-programs-grant-assurances/) - The FAA published an Extension of Comment Period today in the Federal Register extending the comment period from September 23, 2004 to November 8, 2004 for submission of comments to the proposed modifications to the Airport Improvement Program’s grant assurances. The proposed modifications were discussed in my August 26, 2004 post. Apparently multiple parties asked
- [IBAC To Propose International Regulation Of Fractional Operations](https://shackelford.law/news-aviation/ibac-to-propose-international-regulation-of-fractional-operations/) - According to an AIN Online Article, the International Business Aviation Council (IBAC) intends to propose standardization of international regulations governing fractional ownership operations at the upcoming International Civil Aviation Organization (ICAO) meeting in Montreal. This could spell trouble for U.S. fractional programs. Currently, the U.S. does not consider fractional operations to be commercial operations. However,
- [TSA To Test "Secure Flight" Passenger Screening Program](https://shackelford.law/news-aviation/tsa-to-test-secure-flight-passenger-screening-program/) - In a Press Release dated August 26, 2004, the TSA announced that it will begin testing its new passenger-screening program designated “Secure Flight”. This program replaces the reviewed and rejected CAPPS II (Computer-Assisted Passenger Prescreening System) program. Currently, the individual airlines are responsible for cross-checking passenger lists against terrorist watch lists. Under the new program,
- [Initial And Amended Registration Forms May No Longer Be Required For Air Taxi Operators And Commuter Air Carriers](https://shackelford.law/news-aviation/initial-and-amended-registration-forms-may-no-longer-be-required-for-air-taxi-operators-and-commuter-air-carriers/) - In a Notice of Proposed Rulemaking published today, the Department of Transportation is proposing to eliminate air taxi operator and commuter air carrier registration requirements. Air carriers operating or proposing to operate small aircraft (60 seats or less or 18,000 pounds payload or less) are exempt from the provisions of 49 U.S.C. 41101, which requires
- [Proposed Policy For Propeller Ice Protection Announced By FAA](https://shackelford.law/news-aviation/proposed-policy-for-propeller-ice-protection-announced-by-faa/) - In a Notice of Proposed Policy Statement published in the Federal Register today, the FAA is requesting comments about its proposed policy regarding Propeller Ice Protection Equipment. A copy of the policy statement is available here. The policy statement is intended to clarify and provide guidance regarding certification of propeller ice protection systems which are
- [FAA Extends Comment Period For Proposed AC 23-17B](https://shackelford.law/news-aviation/faa-extends-comment-period-for-proposed-ac-23-17b/) - The FAA today published a Notice in the Federal Register extending the comment period for proposed AC 23-17B relating to certification of Part 23 aircraft. The comment period is being extended from October 29, 2004, to November 29, 2004. Additional information regarding AC 23-17B and procedures for submitting comments are available in my September 29,
- [FAA Issues Major Alteration "Checklist" Advisory Circular](https://shackelford.law/news-aviation/faa-issues-major-alteration-checklist-advisory-circular/) - The FAA today published a Notice of issuance of advisory circular for Advisory Circular (AC) 23-21, Airworthiness Compliance Checklists Used to Substantiate Major Alterations for Small Airplanes. The AC provides guidance material for the creation and use of airworthiness compliance checklists that can be used by Airframe and Powerplant (A&P) mechanics with Inspection Authorization (IA)
- [TSA Revises Alien Flight Training Rule](https://shackelford.law/news-aviation/tsa-revises-alien-flight-training-rule/) - According to an AOPA Update, the TSA has amended its alien flight training rule. The amendments limit the rule’s “citizenship validation” to individuals seeking instruction toward a new certificate or rating. The validation requirement now only requires that a flight instructor review the pilot’s citizenship documents and then make an entry in the pilot’s logbook
- [FAA Publishes Proposal For O'Hare Slot Reservation System](https://shackelford.law/news-aviation/faa-publishes-proposal-for-ohare-slot-reservation-system/) - If you are thinking about flying into O’Hare airport as a Part 91 or Part 135 unscheduled flight, in the near future you may need to make a reservation in advance in order to land. The FAA today published a Notice of Proposed Rulemaking in the Federal Register for a “Proposed Reservation System for Unscheduled
- [TSA To Require Security Procedures for Part 125 Aircraft Operators](https://shackelford.law/news-aviation/tsa-to-require-security-procedures-for-part-125-aircraft-operators/) - In response to what it feels are vulnerabilities in aviation security, the TSA today published a Notice in the Federal Register regarding “Security Requirements for Aircraft Operators Certificated Pursuant to 14 CFR Part 125”. The Notice requires “aircraft operators using aircraft with a maximum certificated takeoff weight (MTOW) over 12,500 pounds, that are certificated by
- [FAA Publishes AC For "Integrated Cockpits"](https://shackelford.law/news-aviation/faa-publishes-ac-for-integrated-cockpits/) - In today’s Federal Register the FAA published a Notice of issuance of advisory circular for AC 23-23, “Standardization Guide for Integrated Cockpits in Part 23 Airplanes”. AC 23-23 “acknowledges the General Aviation Manufacturers Association (GAMA) Publication 12 ‘Recommended Practices and Guidelines for an Integrated Flightdeck/Cockpit in a 14 CFR Part 23 (or equivalent) Certificated Airplane’
- [Corporate Tax Bill Removes Benefits Of Sutherland Lumber Aircraft Tax Case](https://shackelford.law/news-aviation/corporate-tax-bill-removes-benefits-of-sutherland-lumber-aircraft-tax-case/) - While aircraft manufacturers and others were cheering the extension of the bonus-depreciation deadline included in the American Jobs Creation Act of 2004 (HR 4520)(see yesterday’s post), some aircraft owners are mourning the loss of the aircraft expense deductions allowed under the 8th Circuit’s Sutherland Lumber case. Section 102 of the Senate passed bill (S. 1637)
- [FAA Issues Certification Advisory Circulars And Maintenance/Inspection Final Policy](https://shackelford.law/news-aviation/faa-issues-certification-advisory-circulars-and-maintenance-inspection-final-policy/) - The FAA today published several notices in the Federal Register announcing the availability of Advisory Circulars (AC’s) relating to aircraft and parts certification. The announcements include: Advisory Circular (AC) 187-1A, Flight Standards Service Schedule of Charges Outside the United States (AC 187-1A can be found here) Advisory Circular (AC) 23.629-1B, Means of Compliance With Title
- [Unfortunate Mechanic Trick](https://shackelford.law/news-aviation/unfortunate-mechanic-trick/) - On June 14, 2000, while performing an engine run-up on a DC-9, a Continental Airlines mechanic “drove” the nose of the aircraft into the passenger terminal of the Newark International Airport. The FAA issued an order suspending the mechanic’s A & P certificate for violations of FAR 43.13(a) (failure to follow checklist procedures) and FAR
- [Bonus Depreciation To Extend For One Year](https://shackelford.law/news-aviation/bonus-depreciation-to-extend-for-one-year/) - Yesterday, the Senate passed a compromise version of the American Jobs Creation Act of 2004 (HR 4520) which, when signed into law by President Bush, will extend, by one year, bonus depreciation enacted in 2003. The law extends the placed-in-service requirement. As a result, businesses acquiring assets that require a significant lead time from manufacture
- [New European Union Regulation Requiring Increased Air Carrier Liability Insurance](https://shackelford.law/news-aviation/new-european-union-regulation-requiring-increased-air-carrier-liability-insurance/) - If you operate within, into, out of, or over the territory of an E.U. Member State, including its territorial waters, you will be affected by E.U. Regulation 785/2004 on insurance requirements for air carriers and aircraft operators. This Regulation becomes effective April 29, 2005, and is intended to ensure minimum levels of insurance for air
- [NTSB Allows A Notice Of Appeal To Serve As An Answer](https://shackelford.law/news-aviation/ntsb-allows-a-notice-of-appeal-to-serve-as-an-answer/) - In a recent NTSB case, the Board reinstated an airman’s appeal from an order suspending his pilot certificate for alleged violations of FAR 91.123 (compliance with ATC) and FAR 91.13(careless and reckless operation). In Administrator v. Ocampo the FAA alleged that the airman taxied onto an active runway while another aircraft was on final approach,
- [Proposed Federal Aviation Administration Policy For The Certification Of Restricted Category Aircraft](https://shackelford.law/news-aviation/proposed-federal-aviation-administration-policy-for-the-certification-of-restricted-category-aircraft/) - The FAA today published a Notice of availability in the Federal Register requesting comments on its proposed policy for the certification of restricted category aircraft. The proposed policy will be in the form of an Order prescribing how to certify a restricted category aircraft and “will apply to Aircraft Certification Service personnel, Flight Standards Service
- [From The Lucky To Be Alive Category](https://shackelford.law/news-aviation/from-the-lucky-to-be-alive-category/) - According to a recent NTSB Factual Accident Report, on March 12, 2004, a Mooney M20C was flying at 11,000 feet msl, at a point just west of Clovis, NM when it encountered rime icing conditions. After descending to 8,000 feet msl the pilot decided to divert to CVN. The pilot was given vectors for runway
- [Inability To Locate Counsel Does Not Excuse Untimely Appeal Of Emergency Revocation Order](https://shackelford.law/news-aviation/inability-to-locate-counsel-does-not-excuse-untimely-appeal-of-emergency-revocation-order/) - A recent NTSB opinion held that an airman’s failure to locate legal counsel to represent him is not good cause for the airman’s failure to timely appeal an emergency revocation order. In Administrator v. Harris, the airman filed his appeal three days late, five days after he received the Administrator’s revocation order. The Administrative Law
- [Final Rule For Civil Penalty Assessment Procedures Published](https://shackelford.law/news-aviation/final-rule-for-civil-penalty-assessment-procedures-published/) - The FAA published its Final Rule containing updated civil penalty assessment procedures for those individuals acting as a pilot, flight engineer, mechanic, or repairman, as well as for non-certificated individuals. The revised/new procedures are necessary “because the National Transportation Safety Board now reviews these civil penalty actions and the FAA’s existing rules for civil penalty
- [FAA Proposes Legal Action Against City of Chicago's Meigs Field Closure](https://shackelford.law/news-aviation/faa-proposes-legal-action-against-city-of-chicagos-meigs-field-closure/) - In a press release issued today, the FAA announced that it is taking legal action over the 2003 closure of Meigs Field which could result in penalties against the city of Chicago. Too bad it has taken the FAA so long to act. Maybe if they had taken action sooner, Meigs could have been saved.
- [TSA's Aviation Security Infrastructure Fee To Continue](https://shackelford.law/news-aviation/tsas-aviation-security-infrastructure-fee-to-continue/) - In a Notice published in the Federal Register today, the Transporation Security Administration(“TSA”) informed all U.S. and foreign air carriers that the Aviation Security Infrastructure Fee (“ASIF”) paid by them from October, 2004 and moving forward will be “the amount the carrier paid for the screening of passengers and property transported by passenger aircraft in
- [Passenger Air Transportation Tax To Increase For 2005](https://shackelford.law/news-aviation/passenger-air-transportation-tax-to-increase-for-2005/) - Revenue Procedure 2004-71 was recently published by the IRS establishing the passenger air transportation tax rates for 2005 as follows: domestic segment fee ($3.20); international arrival/departure tax ($14.10); and international arrival/departure tax for Hawaii or Alaska flights ($7.00). The 7.5% percentage excise tax that applies to the amount paid for domestic commercial transportation will remain
- [Federal Judge Finds FAA 65% Responsible For Florida Crash](https://shackelford.law/news-aviation/federal-judge-finds-faa-65-responsible-for-florida-crash/) - In yet another example of plaintiffs’ attorneys throwing whatever they can at the wall to see what will stick, a federal court judge in Florida has found the FAA 65% to blame for the crash of a PA-31 back in December, 2001. A Channel 4 News Article in Jacksonville reported the judge’s decision after a
- [Second-In-Command Type Rating Proposed By FAA](https://shackelford.law/news-aviation/second-in-command-type-rating-proposed-by-faa/) - The FAA today published a Notice of Proposed Rulemaking in the Federal Register that proposes a Second-In-Command Type Rating. The rule is intended to “conform the FAA pilot type rating requirements to the International Civil Aviation Organization (ICAO) pilot type rating standards” and “to allow U.S. flight crews to continue to operate in international airspace
- [Lack Of Entry In Aircraft Logbook Does Not Support Charge of Falsification](https://shackelford.law/news-aviation/lack-of-entry-in-aircraft-logbook-does-not-support-charge-of-falsification/) - In a October 4, 2004 decision, the NTSB Board upheld a dismissal of a charge that a certificate holder made a false or fraudulent entry in an aircraft logbook in the absence of any proof that a logbook entry was made for maintenance performed. In Administrator v. Tarascio, the FAA issued an emergency order of
- [FSS Briefer's Failure To Provide Notam Info To Pilot Results In Dismissal Of FAA Enforcement Action For Airspace Violation](https://shackelford.law/news-aviation/fss-briefers-failure-to-provide-notam-info-to-pilot-results-in-dismissal-of-faa-enforcement-action-for-airspace-violation/) - In a recent FAA enforcement case, the NTSB affirmed its position that a pilot cannot be subject to sanction for his violation of a temporary flight restriction when that information was not provided to the pilot in a FSS briefing and was otherwise unavailable to the pilot from other sources. Administrator v. Dress arose out
- [TSA Flight School Security Awareness Training Available Online](https://shackelford.law/news-aviation/tsa-flight-school-security-awareness-training-available-online/) - In connection with its Alien Flight Training Rule, the TSA has made its Flight School Security Awareness Training available for download from its website. This training is required of all flight school employees who have direct contact with students (including flight instructors, ground instructors, chief instructors, and administrative personnel who have direct contact with students).
- [Glider Towing To Become Restricted Category Special Purpose Flight Operation](https://shackelford.law/news-aviation/glider-towing-to-become-restricted-category-special-purpose-flight-operation/) - Under a Notice of Availability and Request for Comment published today by the FAA, glider towing would become a restricted category special purpose operation. The FAA is proposing a policy that would “include the flight operation of glider towing as a restricted category special purpose operation under 14 CFR 21.25(b)(7). A copy of the proposed
- [NTSB Issues Icing Alert To Pilots](https://shackelford.law/news-aviation/ntsb-issues-icing-alert-to-pilots/) - The NTSB has issued an Alert to Pilots: Wing Upper Surface Ice Accumulation. This advisory follows in the aftermath of the November 28, 2004 crash of a Bombardier Challenger 604 in Montrose, CA. The NTSB’s preliminary investigation into the accident has revealed “that atmospheric conditions conducive to upper wing surface ice accumulation existed at the
- [Reporting Alcohol Related Driving Offenses To The FAA](https://shackelford.law/news-aviation/reporting-alcohol-related-driving-offenses-to-the-faa/) - At this time of year when opportunities abound for celebration and consumption of holiday “cheer”, I thought it would be helpful to re-visit the obligations of an airman who is arrested for driving-while-intoxicated (“DWI”)(this would include similar charges such as driving-under-the-influence (“DUI”) and operating-while-intoxicated (“OWI”)). If an airman finds himself or herself in the unfortunate
- [NTSB Proposes Revisions To Accident/Incident Reporting Requirements Of Part 830](https://shackelford.law/news-aviation/ntsb-proposes-revisions-to-accident-incident-reporting-requirements-of-part-830/) - The National Transportation Safety Board published a Notice of Proposed Rulemakingyesterday in the Federal Register proposing to expand 49 CFR Part 830 to include certain events that are not currently subject to Part 830’s reporting requirements. The proposed amendment is “intended to enhance aviation safety by providing the NTSB direct notification of these events so
- [DOT Authorized To Continue To Provide Insurance To U.S. Flag Commerial Carriers](https://shackelford.law/news-aviation/dot-authorized-to-continue-to-provide-insurance-to-u-s-flag-commerial-carriers/) - By Presidential Determination 2005-15 dated December 21, 2004 and published in the Federal Register today, the Department of Transportation has been authorized to continued to make insurance coverage available to U.S. Flag Commercial Carriers. The order is effective through August 31, 2005 and no later than December 31, 2005. This insurance coverage was originally implemented
- [Proposed Advisory Circular For Part 145 Repair Station Training Published](https://shackelford.law/news-aviation/proposed-advisory-circular-for-part-145-repair-station-training-published/) - The FAA today published an Announcement in the Federal Register for a proposed AC 145-RSTP relating to Part 145 Repair Station Training Programs. The AC is only a draft and, even if it becomes a final published AC, repair stations would not be required to follow it. The draft AC merely “provides an acceptable means,
- [New European Union Insurance Requirements To Take Effect](https://shackelford.law/news-aviation/new-european-union-insurance-requirements-to-take-effect/) - Effective April 30, 2005, new minimum liability insurance requirements will go into effect in the European Union. The EC 785/2004 regulation is intended to standardize insurance requirements across the EU member states. If you fly into any of the EU member states, you will need to be aware of, and in compliance with, the new
- [New FAA Website Addresses Safety For Children Flying On Airplanes](https://shackelford.law/news-aviation/new-faa-website-addresses-safety-for-children-flying-on-airplanes/) - The FAA published a new website to help parents learn about the use of child safety seats for travel on airplanes. The URL for the site is www.faa.gov/passengers/childtips.cfm. The web site provides recommendations and requirements for use of child safety seats and appears to be directed toward airline travel. However, having traveled with a young
- [Florida Hurricanes No Excuse For Untimely Appeal To NTSB Board](https://shackelford.law/news-aviation/florida-hurricanes-no-excuse-for-untimely-appeal-to-ntsb-board/) - In Administrator v. Brantley, the airman filed his appeal 14 days after service of the administrative law judge’s decision, 4 days late. In his response to the FAA’s motion to dismiss, the airman argued that he had good cause for the untimely filing based upon the Florida hurricanes in September, 2004, the resuling closure of
- [FAA Proposes New Advisory Circular Regarding Aircraft Marking And Identification](https://shackelford.law/news-aviation/faa-proposes-new-advisory-circular-regarding-aircraft-marking-and-identification/) - The FAA today published Proposed Advisory Circular 45-2C, Identification and Registration Marking in the Federal Register. The proposed AC is intended to provide “guidance and information to comply with the requirements for identifying aircraft and related products with identification plates, and identifying aircraft with nationality and registration marks.” The AC does not, however, represent the
- [Airport Closures No Easy Sell](https://shackelford.law/news-aviation/airport-closures-no-easy-sell/) - Recently people have been talking about closing the Minneapolis-Crystal Airport (KMIC), again. It seems some people feel it is a better, safer use of the land to close the airport and redevelop it, even though the people supporting closure haven’t really done any due diligence to support their position. Reading behind the “safety” excuse, the
- [RVSM Equipment Suffix Available For Flight Plan Filing After January 5, 2004](https://shackelford.law/news-aviation/rvsm-equipment-suffix-available-for-flight-plan-filing-after-january-5-2004/) - As we have discussed before, Reduced Vertical Separation Minimum (RVSM) will be implemented in Domestic U.S. airspace between FL 290-410 (inclusive) on January 20, 2005. To get ready for this change, effective January 5, 2004, RVSM-compliant operators/aircraft filing an FAA Flight Plan, other than through DUATS and and certain Flight Service Stations, should file /Q
- [FAA Proposes Regulations For Certificate Disqualification After Alcohol Test Failures And Refusals](https://shackelford.law/news-aviation/faa-proposes-regulations-for-certificate-disqualification-after-alcohol-test-failures-and-refusals/) - In a Notice of Proposed Rulemaking issued today, the FAA is proposing to amend the regulations relating to disqualification for airman or medical certificates based upon alcohol use. Specifically, the FAA proposes to 1) amend the airman medical certification standards to disqualify an airman based on an alcohol test result of 0.04 or greater breath
- [Dismissal Of FAA Charges After Hearing Does Not Guarantee Award Of Attorney Fees Under EAJA](https://shackelford.law/news-aviation/dismissal-of-faa-charges-after-hearing-does-not-guarantee-award-of-attorney-fees-under-eaja/) - In Administrator v. Ted Ray Moore, the FAA charged the airman with violations of FAR’s91.123(a)(deviation from ATC clearance) and 121.525(f)(careless and reckless). After a hearing, the ALJ dismissed the 91.123(a) charge but affirmed the 121.525(f) charge. The airman appealed to the NTSB Board who upheld the ALJ’s dismissal of the 91.123(a) charge and reversed the
- [A Single Instance Of Substance Abuse Can Be Disqualifying For Medical Certification](https://shackelford.law/news-aviation/a-single-instance-of-substance-abuse-can-be-disqualifying-for-medical-certification/) - The NTSB Board has reaffirmed its precedent that “a single incident of substance abuse is sufficient to establish disqualification for medical certification”. In Administrator v. Schroederthe airman, an ATP rated pilot employed by Delta, showed up for a flight the day after Christmas. While being processed through the security checkpoint, two TSA employees noticed a
- [Chicago Responds To FAA Investigation Into Use Of Airport Revenues For Closure Of Meigs Field](https://shackelford.law/news-aviation/chicago-responds-to-faa-investigation-into-use-of-airport-revenues-for-closure-of-meigs-field/) - On December 3, 2004, the City of Chicago filed a 41-page legal brief in response to the FAA’s Notice of Investigation regarding Chicago’s use of airport revenues in connection with its closing of Meigs Field. Although the City admits using the airport revenues in connection with the closure it argues that its use of the
- [Untimely Filing of Appeal Continues To Result In Dismissal by NTSB](https://shackelford.law/news-aviation/untimely-filing-of-appeal-continues-to-result-in-dismissal-by-ntsb/) - In a recent NTSB case, Administrator v. Chin Yi Tu, the Board upheld an ALJ’s dismissal of a pilot’s appeal of two FAA orders of suspension. Apparently the pilot was “away on travel” and not at his “official address”. In his absence, the FAA orders sent via certified mail were not accepted. The pilot argued
- [FSDO's Authorized To Issue Student Pilot Certificates To Light Sport Aircraft Applicants](https://shackelford.law/news-aviation/fsdos-authorized-to-issue-student-pilot-certificates-to-light-sport-aircraft-applicants/) - On November 30, 2004, the FAA issued a Notice authorizing local FSDO’s to issue student pilot certificates to light sport aircraft applicants. The FSDO will process the application according to the guidelines set forth in Order 8700.1, vol. 2, ch. 4 and will also need to determine that the applicant holds either a valid U.S.
- [FAA Extends Comment Period For Repair Station Training Program AC](https://shackelford.law/news-aviation/faa-extends-comment-period-for-repair-station-training-program-ac/) - In a Notice published today in the Federal Register, the FAA has extended the comment period for proposed AC 145-RSTP relating to Part 145 Repair Station Training Programs. The proposed AC was originally published on December 22, 2004 and comments were to be due today. However, the Aircraft Electronics Association and the National Air Transportation
- [FAA Issues Laser Illumination Advisory Circular](https://shackelford.law/news-aviation/faa-issues-laser-illumination-advisory-circular/) - In response to the recent, unauthorized illumination of aircraft with lasers, on January 11, 2005, the FAA issued AC 70-2: Reporting of Laser Illumination of Aircraft. The AC provides information for aircrews to protect themselves and to report laser illumination incidents. The AC is effective January 19, 2005. Aircrews are requested to report incidents of
- [Just A Reminder: January 18th Is Deadline For Flight Instructors To Complete TSA Security Awareness Training](https://shackelford.law/news-aviation/just-a-reminder-january-18th-is-deadline-for-flight-instructors-to-complete-tsa-security-awareness-training/) - All existing flight instructors, including independent flight instructors, and flight school employees, must complete initial security awareness training as required by the TSA’s recentAlien Flight Training Rule by January 18, 2005. The training is required even if the flight instructor or flight school employee does not have any contact with foreign students. “Flight school employee”
- [State Of Florida Allowed To Prosecute America West Pilots](https://shackelford.law/news-aviation/state-of-florida-allowed-to-prosecute-america-west-pilots/) - The U.S. Supreme Court refused to hear the appeal of the America West pilots who were arrested and prosecuted in Florida for being drunk in the cockpit. I initially discussed this incident in my July 8, 2004 post. Subsequent to that post, the 11th Circuit Court of Appeals reversed the district court’s dismissal of the
- [Department Of Defense Attempting To Ban Salvage Of Sunken Aircraft](https://shackelford.law/news-aviation/department-of-defense-attempting-to-ban-salvage-of-sunken-aircraft/) - In the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, the Department of Defense (DOD) has included language that would eliminate underwater salvage operations for recovery of sunken military aircraft. Title XIV-Sunken Military Craft, Sections 1401-1408 on pages 721 through 728 of the bill, includes a provision that would ban any activity
- [TSA Further Clarifies Alien Flight Training Rule](https://shackelford.law/news-aviation/tsa-further-clarifies-alien-flight-training-rule/) - On January 5, 2004, the TSA issued a further Interpretation for the Alien Flight Training Rule discussed in my September 20, 2004 and October 21, 2004 posts. The interpretation clarifies the definition of “flight training” in aircraft with a Maximum Take-Off Weight (MTOW) of less than 12,500 lbs. “Flight Training” only applies to training for
- [FAA Issues Final Rule Allowing ATC Specialists To Apply For Waiver Of Existing Age 56 Retirement Rule](https://shackelford.law/news-aviation/faa-issues-final-rule-allowing-atc-specialists-to-apply-for-waiver-of-existing-age-56-retirement-rule/) - Here is an interesting one. The FAA today published a Final Rule in the Federal Register that, when implemented, will allow ATC Specialists to apply for waivers of the age 56 retirement rule to allow them to continue to work for up to an additional five years. Currently, 5 U.S.C. 8335 requires that ATC Specialists
- [NTSB Affirms Pilot's Duty To Inspect Aircraft Logbooks Following Maintenance To Ensure Proper Entries Are Made To Return The Aircraft To Service](https://shackelford.law/news-aviation/ntsb-affirms-pilots-duty-to-inspect-aircraft-logbooks-following-maintenance-to-ensure-proper-entries-are-made-to-return-the-aircraft-to-service/) - In Administrator v. Sugden, the airman was charged with violations of FAR’s 43.3(unauthorized performance of aircraft maintenance), 91.405(b) (required logbook entries for maintenance performed) and 91.407(a)(1)-(2) (operation of aircraft after maintenance). The airman had left his aircraft with a maintenance shop for service. After numerous delays, the airman was told the aircraft would be completed
- [NTSB Board Reverses ALJ's Modification of Sanction And Reaffirms Deference To Be Given To FAA's Choice Of Sanction](https://shackelford.law/news-aviation/ntsb-board-reverses-aljs-modification-of-sanction-and-reaffirms-deference-to-be-given-to-faas-choice-of-sanction/) - In a recent NTSB decision, the Board reversed an administrative law judge’s (“ALJ”) downward modification of the sanction sought by the FAA against an airman for violations of FAR’s 61.31(a)(1)(type rating requirements, additional training, and authorization requirements) and 91.13(a)(careless or reckless operation). In Administrator v. Rezendes, the airman failed a type certificate check ride in
- [Final Rules Implementing Cape Town Treaty Published](https://shackelford.law/news-aviation/final-rules-implementing-cape-town-treaty-published/) - The FAA today published its Final Rule modifying existing regulations pursuant to the Cape Town Treaty Implementation Act of 2004. The Cape Town Treaty “creates a new international legal framework to give greater security to those who finance the purchase of aircraft, aircraft engines and certain helicopters. The financing provisions of the Treaty are fully
- [Cockpit Voice Recorder/Flight Data Recorder NPRM Published Today](https://shackelford.law/news-aviation/cockpit-voice-recorder-flight-data-recorder-nprm-published-today/) - The FAA’s Notice of Proposed Rulemaking proposing revisions to the rules relating to cockpit voice recorders and flight data recorders discussed in my February 25, 2005 post were published in the Federal Register today. To view the NPRM as published, click here.
- [Student Pilot Convicted For Falsifying Application for Student Pilot License and Airman Medical Certificate](https://shackelford.law/news-aviation/student-pilot-convicted-for-falsifying-application-for-student-pilot-license-and-airman-medical-certificate/) - Although you don’t hear of it too often, pilots can and do get convicted of felonies for making false statements on medical and airman applications, and also for illegal conduct in connection with their operation of an aircraft. In this case, a student pilot was convicted of a felony and sentenced to five months in
- [FAA Proposes Upgrades To Cockpit Voice Recorders And Flight Data Recorders](https://shackelford.law/news-aviation/faa-proposes-upgrades-to-cockpit-voice-recorders-and-flight-data-recorders/) - The FAA yesterday issued a Press Release regarding proposed rules to require upgrades to existing and future Cockpit Voice Recorders (CVR’s) and Flight Data Recorders (FDR’s). They also released a Fact Sheet summarizing the major changes in the proposed rules. The NTSB issued a Statement regarding the proposed rules that supported the changes included in
- [FAA Amends Rules For Civil Penalty Actions And Appeal Of EAJA Fee Request Decisions](https://shackelford.law/news-aviation/faa-amends-rules-for-civil-penalty-actions-and-appeal-of-eaja-fee-request-decisions/) - On February 18, 2005, the FAA published a Final Rule amending some of the procedural regulations regarding civil penalty actions and appeals of intial decisions on EAJA fee applications. Additionally, the rule formalizes the existing separation between the the Deputy Chief Counsel for Policy and Adjudication and the Assistant Chief Counsel for Regulations, or an
- [Bill To Extend Bonus Depreciation For Two Years Introduced](https://shackelford.law/news-aviation/bill-to-extend-bonus-depreciation-for-two-years-introduced/) - The Bonus Depreciation Extension Act of 2005 (HR 364 IH) was recently introduced in the U.S. House of Representatives by Congressman Wilson from South Carolina. HR 364 IH would reinstate the 50% bonus depreciation that expired January 1, 2005 and extend it for another two years to January 1, 2007. HR 364 IH has been
- [Aviation Law Discussions Is Back On-Line](https://shackelford.law/news-aviation/aviation-law-discussions-is-back-on-line/) - After a month of down-time, Aviation Law Discussions is back on-line. For the past year we have been using Blogger to publish the site. However, in January we encountered technical difficulties with our use of Blogger. When it became apparent that we could not resolve the issues, we made the decision to internalize publication of
- [New Flight Instructor Refresher Clinic Programs On The Horizon](https://shackelford.law/news-aviation/new-flight-instructor-refresher-clinic-programs-on-the-horizon/) - In a Notice of policy change published in the Federal Register today, the FAA has decided that it will “accept for approval new Flight Instructor Refresher Clinic (FIRC) training course outlines that meet the standards set forth in Advisory Circular (AC) 61-83E, Nationally Scheduled Federal Aviation Administration Approved Industry-Conducted Flight Instructor Refresher Clinics.” Although the
- [Advanced Qualification Program To Become Incorporated Into FAR Part 121](https://shackelford.law/news-aviation/advanced-qualification-program-to-become-incorporated-into-far-part-121/) - The FAA today published a Notice of Proposed Rulemaking proposing to codify the requirements of the Advanced Qualification Program (AQP). The AQP provides a regulatory alternative program for airlines that seek more flexibility in training than the traditional training program allows. The AQP is currently embodied in SFAR 58 which expires on October 2, 2005.
- [FAA Issues Final Noise Rule For Grand Canyon National Park](https://shackelford.law/news-aviation/faa-issues-final-noise-rule-for-grand-canyon-national-park/) - The FAA today published its Final Rule regarding “Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park”. The final rule classifies aircraft used in commercial sightseeing flight operations over Grand Canyon National Park (GCNP) by the noise they produce. The FAA felt the rule was “necessary to establish reasonably achievable requirements
- [GAO Finds TSA's Secure Flight Program Incomplete](https://shackelford.law/news-aviation/gao-finds-tsas-secure-flight-program-incomplete/) - This isn’t really much of a surprise in light of some of the recent publicity regarding the TSA’s use of passenger information. But I guess now it is official. The GA0’s report, titled “Aviation Security: Secure Flight Development and Testing Under Way, but Risks Should Be Managed as System Is Further Developed” found that the
- [Effective Date Of Part 145 Repair Station Training Rule Delayed](https://shackelford.law/news-aviation/effective-date-of-part-145-repair-station-training-rule-delayed/) - The FAA today published notice delaying the effective date of its controversial rewrite of Part 145 requiring that repair stations have an approved training program. The original effective date was April 5, 2005. The effective date of the final rule is now April 6, 2006. The FAA wanted to receive and review more comments on
- [DHS Inspector General Report Critical Of TSA Available Online](https://shackelford.law/news-aviation/dhs-inspector-general-report-critical-of-tsa-available-online/) - The DHS inspector general report issued March 25, 2005 criticizing the TSA for its handling of airline passenger information is available online. To read the report, click here. The report is very detailed and in addition to criticizing the “misinformation” disseminated by the TSA in response to privacy concerns, it also provides 9 recommendations for
- [TSA "Misinformed" Public About Airline Passenger Data](https://shackelford.law/news-aviation/tsa-misinformed-public-about-airline-passenger-data/) - This AP article is interesting. Yesterday the a Department of Homeland Security inspector general released a report indicating that the TSA had “misinformed” individuals, the public and congress in 2003 and 2004 regarding its obtaining passenger data for use in developing its airline passenger screening programs (CAPPS II and, presumably, Secure Flight). The report states
- [Final And Proposed Rules On Participation by Disadvantaged Business Enterprises in Airport Published By DOT](https://shackelford.law/news-aviation/final-and-proposed-rules-on-participation-by-disadvantaged-business-enterprises-in-airport-published-by-dot/) - Yesterday the DOT published a Notice of Final Rule and Proposed Rule regarding participation by disadvantaged business enterprises in airport concessions. The rule “revises and updates the Department’s regulation concerning participation by airport concessionaire disadvantaged business enterprises (ACDBEs) in the concessions activities of airports receiving Federal financial assistance from the airport improvement program (AIP) of
- [TSA To Test Secure Flight In August With Two Undisclosed Airlines](https://shackelford.law/news-aviation/tsa-to-test-secure-flight-in-august-with-two-undisclosed-airlines/) - An Article in the Business Travel News indicates that the TSA intends to roll out its Secure Flight program this August using two undisclosed airlines. It isn’t clear whether this will be operational testing or whether the TSA is still in the process of confirming viability of the program. Critics abound and are raising the
- [NTSB Publishes First Issue Of Journal Of Accident Investigation](https://shackelford.law/news-aviation/ntsb-publishes-first-issue-of-journal-of-accident-investigation/) - The NTSB has begun publishing its Journal of Accident Investigation beginning with the Winter, 2005 Edition. The Journal will be published twice each year and is intended to “promote transportation safety through science”. The Board’s objective is “to provide the public an exchange of ideas and information developed through NTSB’s accident investigations in all modes
- [FAA Issues Guidance Material for 14 CFR 33.75](https://shackelford.law/news-aviation/faa-issues-guidance-material-for-14-cfr-33-75/) - The FAA today published a Notice of Issuance of Advisory Circular for Advisory Circular (AC) 33.75-1, Guidance Material for 14 CFR 33.75, Safety Analysis. The AC sets forth acceptable methods of compliance with the safety analysis requirements of 14 CFR 33.75 relating to turbine aircraft engines. Specifically, 14 CFR 33.75 requires that “any probable malfunction
- [Final Meeting On Draft Order 8110.RC Scheduled](https://shackelford.law/news-aviation/final-meeting-on-draft-order-8110-rc-scheduled/) - In a Notice of Public Meeting published today, the FAA has scheduled the third and final informational meeting to “discuss the proposed policy (Draft Order 8110.RC) that the FAA’s Aircraft Certification Service personnel, Flight Standards Service Personnel, persons designated by the Administrator, and organizations associated with the certification process required by Title 14 of the
- [Deadline For European Union Mandatory Minimum Liability Limits Approaching](https://shackelford.law/news-aviation/deadline-for-european-union-mandatory-minimum-liability-limits-approaching/) - On April 29, 2005, European Union Regulation 785/2004 will go into effect. The new regulation requires commercial and non-commercial aircraft operators to carry liability insurance with the minimum liability limits set forth in the regulation. The liability minimums are based upon an aircraft’s Maximum Gross Take Off Weight (“MGTOW”). The required insurance includes liability to
- [Air Carriers Have 90 Days To Confirm Part 142 Training Is Consistent With Ops Manual](https://shackelford.law/news-aviation/air-carriers-have-90-days-to-confirm-part-142-training-is-consistent-with-ops-manual/) - On February 18, 2005 the FAA issued Notice N 8000.294 that requires air carriers, air operators and fractional ownership programs to review the training provided to the operator by Part 142 training centers to confirm that all training, testing and checking performed by the Part 142 training center are approved by the operator’s principal operations
- [Bill Introduced To Amend Airport Grant Assurance To Require 75-Year Long Term Lease](https://shackelford.law/news-aviation/bill-introduced-to-amend-airport-grant-assurance-to-require-75-year-long-term-lease/) - On March 3, 2005, U.S. Representative Stevan Pearce introduced H.R. 1117 to amend the airport improvement program grant assurances to require that an airport operator granting a lease for hangar construction agree to a 75-year long term lease. H.R. 1117 was referred to the House Committee on Transportation and Infrastructure and subsequently referred to the
- [FAA Issues Policy For Propeller Ice Protection Equipment](https://shackelford.law/news-aviation/faa-issues-policy-for-propeller-ice-protection-equipment/) - The FAA today published a Notice of Issuance in the Federal Register for its Policy For Propeller Ice Protection Equipment. “The policy clarifies configuration and quality control responsibilities for certificate holders and parts suppliers involved with propeller ice protection systems on type certificated products” and provides guidance for compliance with FAR’s 21, 23, 25 and
- [Amazing What An Airman Will Say On A Medical Application](https://shackelford.law/news-aviation/amazing-what-an-airman-will-say-on-a-medical-application/) - This comes directly from the Civil Aerospace Medical Institute (CAMI). In the Certification Update section of the latest edition of the Federal Air Surgeon’s Medical Bulletin, Dr. Warren Silberman, federal air surgeon, responds to an inquiry regarding an airman’s disclosure of marijuana during his initial 2nd class medical application. According to the inquiry, the airman
- [Failure To Disclose Multiple Driver's License Suspensions On Medical Applications Supports Intentional Falsification Violation](https://shackelford.law/news-aviation/failure-to-disclose-multiple-drivers-license-suspensions-on-medical-applications-supports-intentional-falsification-violation/) - The NTSB recently upheld the revocation of an airman’s airline transport pilot and medical certificates based on his falsification of three applications for medical certificates. In Administrator v. Reynolds the airman failed to disclose 11 driver’s license suspensions that occurred over the course of his applying for three separate first class medical certificates. On each
- [AME Inaccuracies Can Cause Airmen Problems](https://shackelford.law/news-aviation/ame-inaccuracies-can-cause-airmen-problems/) - The Spring 2004 Edition of The Federal Air Surgeon’s Medical Bulletin, contains an article titled Airman Medical History Errors that addresses the problems that can arise when an AME incorrectly transcribes an airman’s medical history from the medical application to the internet-based record which is sent to the FAA. Apparently some AME’s or their staff
- [FAA Accepts ASTM International Committee F37 Consensus Standards For Certification Of Light Sport Aircraft](https://shackelford.law/news-aviation/faa-accepts-astm-international-committee-f37-consensus-standards-for-certification-of-light-sport-aircraft/) - In a Notice of Availability published in the Federal Register today the FAA is requesting comments on its acceptance of the ASTM International Committee F37 standards for certification of aircraft under the provisions of the Sport Pilot and Light-Sport Aircraft rule. The Notice lists the fifteen standards states that “[a]ny light-sport aircraft issued a special
- [FAA Publishes List Of NDB Approaches It Is Proposing To Cancel](https://shackelford.law/news-aviation/faa-publishes-list-of-ndb-approaches-it-is-proposing-to-cancel/) - The FAA today published a Notice containing the list of NDB approaches it is proposing to cancel. Based upon the public demand for WAAS capable RNAV procedures, the FAA “has identified NDB procedures for cancellation at runway ends that are also served by an RNAV procedure and a second ground-based procedure (i.e., a ground-based procedure
- [NTSB Affirms Pilot's Duty To Confirm Aircraft Logbook Entries After Maintenance](https://shackelford.law/news-aviation/ntsb-affirms-pilots-duty-to-confirm-aircraft-logbook-entries-after-maintenance/) - In a recent NTSB opininion, Administrator v. Sugden, the Board affirmed a 90 day suspension of the pilot’s airman certificate for violations of FAR’s 91.405(b) and 91.407(a)(1)-(2). In that case, prior to flying an aircraft after maintenance was performed on the aircraft, the pilot “failed to independently ensure that the required maintenance entries were recorded
- [Lighters No Longer Allowed](https://shackelford.law/news-aviation/lighters-no-longer-allowed/) - In an Interpretive Rule published today in the Federal Register, the TSA has added lighters to the list of items that are prohibited in airport sterile areas, in the cabin of aircraft, or in passengers’ checked baggage. Apparently the TSA is also considering including matches on the list of prohibited items in the future. Gee,
- [FAA Publishes Its Disposition Of Comments On Flightdeck Security Rules](https://shackelford.law/news-aviation/faa-publishes-its-disposition-of-comments-on-flightdeck-security-rules/) - On April 26, 2005, the FAA published its Disposition Of Comments On Final Rule regarding the flightdeck security rules (e.g. reinforcement of cockpit doors etc.). The FAA discusses the history of the rule and subsequent amendments, the comments it received to the rule and its responses to those comments. The comments addressed such issues as
- [FAA Extends Comment Period For Cockpit Voice Recorder And Digital Flight Data Recorder NPRM](https://shackelford.law/news-aviation/faa-extends-comment-period-for-cockpit-voice-recorder-and-digital-flight-data-recorder-nprm/) - The FAA today published a Notice extending the comment period for the Cockpit Voice Recorder and Digital Flight Data Recorder Nptice of Proposed Rulemaking (“NPRM”) published on February 28, 2005. This NPRM was discussed in my February 25 and 28 posts. The extension is a result of a request from the Aerospace Industries Association to
- [What Happens To Your Certificate After Suspension Or Revocation](https://shackelford.law/news-aviation/what-happens-to-your-certificate-after-suspension-or-revocation/) - If a certificate issued by the FAA, whether airman, medical, mechanic, commercial etc., is suspended or revoked, what happens next? Is the suspension or revocation the end of the story? Does the certificate holder have further obligations regarding the certificate after suspension or revocation? For the answers to these questions, read my latest article on
- [False Statements Involving Aircraft Maintenance Result In Guilty Plea By Helicopter Aircraft Mechanic](https://shackelford.law/news-aviation/false-statements-involving-aircraft-maintenance-result-in-guilty-plea-by-helicopter-aircraft-mechanic/) - On April 15, the owner/mechanic of Raco Helicopters Corp., based at Monmouth County NJ airport in Farmindale, New Jersy plead guilty to felony charges of making false statements related to aircraft maintenance. The plea was entered during the second day of a jury trial. The owner/mechanic’s Airframe and Power plant certificates were revoked in 2001
- [NTSB Overturns EAJA Attorneys Fees Award](https://shackelford.law/news-aviation/ntsb-overturns-eaja-attorneys-fees-award/) - The NTSB recently reversed an ALJ’s award of attorneys fees to a respondent in an enforcement action. In the underlying enforcement action upon which Application of Porterfield, Alava and Khoyan was based, the airmen were charged with falsification prohibited by 14 C.F.R. §§ 61.59(a)(1) and (2), and with lacking the good moral character required by
- [AC 23-21, Airworthiness Compliance Checklists Used to Substantiate Major Alterations for Small Airplanes, Updated With Change 1](https://shackelford.law/news-aviation/ac-23-21-airworthiness-compliance-checklists-used-to-substantiate-major-alterations-for-small-airplanes-updated-with-change-1/) - The FAA today published a Notice of Issuance of Advisory Circular regarding its issuance of Change 1 to AC 23-21, Airworthiness Compliance Checklists Used to Substantiate Major Alterations for Small Airplanes. Change 1 was issued on April 8, 2005. It revises existing material in four paragraphs of AC 23-21 by (1) adding a reference to
- [DOT Publishes Proposed Rule On Nondiscrimination On The Basis Of Disability In Air Travel](https://shackelford.law/news-aviation/dot-publishes-proposed-rule-on-nondiscrimination-on-the-basis-of-disability-in-air-travel/) - The Department of Transportation today published a Proposed Rule containing a Technical Assistance Manual (“TAM”) for air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. The TAM is intended “to provide guidance to air carriers’ employees and contractors who provide services, facilities, and accommodations
- [Technology Required To Improve Passenger/Baggage Screening](https://shackelford.law/news-aviation/technology-required-to-improve-passenger-baggage-screening/) - The Department of Homeland Security Office of Inspector General released its follow-up report regarding the performance of airport passenger/baggage screeners. The Audit Reportdetails the inspector general’s testing regarding the performance of airport passenger/baggage screening by TSA employees and concludes that we really aren’t that much safer than we were back in 2003 when the inspector
- [FAA Publishes Light-Sport Aircraft Consensus Standards](https://shackelford.law/news-aviation/faa-publishes-light-sport-aircraft-consensus-standards/) - The FAA today published a Notice of availability for the consensus standard relating to the provisions of the Sport Pilot and Light-Sport Aircraft rule. That rule was issued July 16, 2004 and is effective September 1, 2004. The FAA participated with the ASTM International Committee F37 on Light Sport Aircraft to develop these standards. The
- [FAA Its Own Worst Enemy?](https://shackelford.law/news-aviation/faa-its-own-worst-enemy/) - The U.S. General Accounting Office (GAO) released a report April 13, 2005 titled NATIONAL AIRSPACE SYSTEM: Experts’ Views on Improving the U.S. Air Traffic Control Modernization Program in which the GAO indicates that resistance to change is present at all levels of the FAA and that the resistance has seriously hindered the needed modernization of
- [Failure To Receive Complaint In Civil Penalty Action May Preclude Judgment](https://shackelford.law/news-aviation/failure-to-receive-complaint-in-civil-penalty-action-may-preclude-judgment/) - In a recent FAA civil penalty decision, the FAA has been put on notice that it needs to provide proof of Respondent’s receipt of the civil penalty complaint in response to Respondent’s appeal of an order entered by default. In In Re The Matter Of James Ray Lewis, the administrative law judge entered an order
- [FAA Publishes Change To AC 23-15A, Small Airplane Certification Compliance](https://shackelford.law/news-aviation/faa-publishes-change-to-ac-23-15a-small-airplane-certification-compliance/) - The FAA today published Notice of Issuance of Advisory Circular for “Change 1” to AC 23-15A, Small Airplane Certification Compliance Program. “Change 1 to AC 23-15A deletes the fourth sentence in paragraph 5n(2)(e) and deletes “fatigue properties” in fifth sentence in paragraph 5n(2)(e). This change is required since the paragraph was misinterpreted by some, to
- [NTSB Issues Recommendations To FAA Regarding Oversight Of Part 135 Commercial Operators](https://shackelford.law/news-aviation/ntsb-issues-recommendations-to-faa-regarding-oversight-of-part-135-commercial-operators/) - On Friday April 8, 2005, the NTSB issued a Safety Recommendation containing three separate recommendations for the FAA to improve its oversight over Part 135 commercial operators. The recommendations arose out of the NTSB’s investigation of the July 13, 2003 crash of an Air Sunshsine Cessna 402C. The aircraft was ditched in the Atlantic Ocean
- [U.S. Customs And Border Protection Publishes Final APIS Rule](https://shackelford.law/news-aviation/u-s-customs-and-border-protection-publishes-final-apis-rule/) - The U.S. Customs and Border Protection (CBP) today published its Final Rule concerning the Advanced Passenger Information System (APIS). The APIS rule requires “the electronic transmission of manifest information for passengers and crew members onboard commercial vessels and aircraft, in advance of arrival in and departure from the United States, and for crew members and
- [FAA To Hold Collaborative Traffic Flow Management Sessions](https://shackelford.law/news-aviation/faa-to-hold-collaborative-traffic-flow-management-sessions/) - In anticipation of the upcoming severe weather season (thunderstorms, tornadoes etc.), the FAA ATC System Command Center will be holding “training” sessions to review procedures and discuss new initiatives and regional issues. These events are being called Collaborative Traffic Flow Management sessions. The schedule is as follows: 05/17 and 5/18 @ Business Jet Center, DAL;
- [FAA Is Considering Terminating Airline Computer Reservation System And Code Sharing Restrictions](https://shackelford.law/news-aviation/faa-is-considering-terminating-airline-computer-reservation-system-and-code-sharing-restrictions/) - In a Notice of Proposed Rulemaking published today, the FAA is seeking comments on whether the rules governing computer reservation system (CRS) operations should be terminated and whether it should also terminate the rules governing the treatment of code-sharing airlines that own, control, or operate a CRS. Currently 14 CFR 255 prohibits discrimination by airlines
- [Cellular Telephones And Portable Electronic Devices On Aircraft](https://shackelford.law/news-aviation/cellular-telephones-and-portable-electronic-devices-on-aircraft/) - With the current debate regarding removal of the current prohibition on using cellular telephones in flight, I thought it would be a good time to address the current state of the law regarding how and when you can use such things as cellular telephones, personal digital assistants (PDA’s) and laptop computers in flight. You can
- [Effectiveness Of DC ADIZ Visual Warning System Limited By Clouds](https://shackelford.law/news-aviation/effectiveness-of-dc-adiz-visual-warning-system-limited-by-clouds/) - The DC ADIZ Visual Warning System (“CWS”) received its first test on Monday when a Canadian registered Cessna 340 lost radio contact with ATC while flying through the restricted airspace. The C-340 was on a flight plan and authorized to fly through the restricted airspace when it was apparently struck by lightning and suffered a
- [Trial Begins For America West Pilots Accused Of Operating Aircraft While Intoxicated](https://shackelford.law/news-aviation/trial-begins-for-america-west-pilots-accused-of-operating-aircraft-while-intoxicated/) - The Florida state court trial of the America West pilots accused of operating an Airbus 319 while intoxicated began yesterday. As you may recall, the two former America West Airlines pilots were indicted in Miami on charges of being under the influence of alcohol while they were behind the controls of an Airbus 319 loaded
- [Another Stupid Pilot Trick](https://shackelford.law/news-aviation/another-stupid-pilot-trick/) - A recent NTSB factual report regarding a May 5, 2004 fatal accident involving a Rans S-12 XL Airaile just makes you wonder “What the heck were they thinking?” Apparently the pilot, and I use the term loosely because he did not hold an airman or medical certificate, wanted to go flying from the Mathis Airport
- [D.C. ADIZ Visual Warning System Goes Into Effect Saturday](https://shackelford.law/news-aviation/d-c-adiz-visual-warning-system-goes-into-effect-saturday/) - The Visual Warning System (“VWS”) for the D.C. ADIZ discussed in my May 13, 2005 post goes into effect this Saturday. You can review a Fact Sheet, Questions and Answers and a Video on the VWS here. The video shows what a pilot can actually expect to see both looking out the front of the
- [10th Circuit Affirms Bad Faith Claim Against Aircraft Insurer For Failure To Pay For Lightning Strike Damages](https://shackelford.law/news-aviation/10th-circuit-affirms-bad-faith-claim-against-aircraft-insurer-for-failure-to-pay-for-lightning-strike-damages/) - The 10th Circuit Court of Appeals has affirmed a district court judgment against an aircraft insurer for failing to pay for repairs to an aircraft’s engines arising from a lightning strike. In Quail Creek v. XL Specialty Insurance, Quail Creek’s aircraft sustained a lighting strike. The aircraft’s engines were subsequently repaired and, in compliance with
- [What Is A Security Violation Worth?](https://shackelford.law/news-aviation/what-is-a-security-violation-worth/) - Have you ever wondered just how much trouble you would be in if, for example, you forgot that your Zippo lighter was still in your pocket when you tried to go through the security checkpoint at an airport? Well, a quick review of the TSA’s Enforcement Sanction Guidance Policy indicates that you could be facing
- [FAA Publishes Disposition Of Comments On "Security Threat" Assessment Final Rule](https://shackelford.law/news-aviation/faa-publishes-disposition-of-comments-on-security-threat-assessment-final-rule/) - The FAA today published its Disposition of Comments on the final rule regarding “ineligibility for an airman certificate based on security grounds”. Not surprisingly, the FAA received over 700 comments to the rule. Almost all of the comments were opposed to the rule. Again, not too surprising. The major categories of objections included due process;
- [FAA Issues Visual Warning System For Washington D.C. ADIZ And FRZ](https://shackelford.law/news-aviation/faa-issues-visual-warning-system-for-washington-d-c-adiz-and-frz/) - The FAA has issued a Special Notice regarding the implementation of a visual warning system for the Washington D.C. air defense identification zone (“DC ADIZ”) and the flight restricted zone around the capitol and white house (“FRZ”). The new signal “consists of highly focused red and green colored lights in an alternating red/ red/green signal
- [NTSB Recommends Changes To FAA’s Procedures For Collecting And Reporting General Aviation Activity](https://shackelford.law/news-aviation/ntsb-recommends-changes-to-faas-procedures-for-collecting-and-reporting-general-aviation-activity/) - The NTSB yesterday issued Safety Recommendations relating to the FAA’s collection and reporting of general aviation activity. According to the NTSB, “[v]alid activity data are necessary to compare the accident rates for different aircraft types and types of operations, to establish baseline measures that can be used to identify and track accident trends, and to
- [FAA Holds EAJA Inapplicable To Hazardous Materials Cases](https://shackelford.law/news-aviation/faa-holds-eaja-inapplicable-to-hazardous-materials-cases/) - The FAA has affirmed a DOT administrative law judge’s denial of a request for attorney’s fees and expenses under the Equal Access to Justice Act in a civil penalty action alleging violations of hazardous materials statutes. In In the matter of Dominion Concepts, Inc., the FAA was seeking to assess a $27,000.00 civil penalty against
- [GAO Issues Report Addressing Financial Condition Of Airport And Airway Trust Fund](https://shackelford.law/news-aviation/gao-issues-report-addressing-financial-condition-of-airport-and-airway-trust-fund/) - On May 4, 2005, the Government Accounting Office (GAO) issued a Report titled “Airport and Airway Trust Fund: Preliminary Observations on Past, Present, and Future”. The Report was given to Subcommittee on Aviation, House Committee on Transportation and Infrastructure in connection with the current debate regarding the future of the Fund as well as the
- [FAA Issues AC 23-17B, Systems and Equipment Guide for Certification of Part 23 Airplanes and Airships](https://shackelford.law/news-aviation/faa-issues-ac-23-17b-systems-and-equipment-guide-for-certification-of-part-23-airplanes-and-airships/) - The FAA today published a Notice of Issuance of Advisory Circular for AC 23-17B, Systems and Equipment Guide for Certification of Part 23 Airplanes and Airships. AC 23-17B sets forth an acceptable means, but not the only means, of showing compliance with 14 CFR 23, for the certification of systems and equipment in normal, utility,
- ["Bizarre And Unusual" Question From ATC Does Not Create An Emergency](https://shackelford.law/news-aviation/bizarre-and-unusual-question-from-atc-does-not-create-an-emergency/) - An interesting enforcement action arose out of an airman’s unauthorized incursion into the Baltimore-Washington enhanced Class B airspace shortly after 9/11. In Administrator v. Smith, the FAA issued a Notice of Proposed Certificate Action seeking a 150 day suspension for the airman’s alleged violations of 14 C.F.R. 91.131(a) (prohibiting operation in Class B airspace without
- [TSA To Demand More Airline Passenger Info](https://shackelford.law/news-aviation/tsa-to-demand-more-airline-passenger-info/) - A CNN Article reported yesterday that the TSA will require airlines to solicit passengers’ full names and dates of birth. Although passengers are not required to provide the information, the TSA official in charge of the program, Justin Oberman, indicated that a passenger who doesn’t provide the information will be more likely to receive more
- [NTSB Board Rejects Airman's Mistaken Identity Defense](https://shackelford.law/news-aviation/ntsb-board-rejects-airmans-mistaken-identity-defense/) - In a recent NTSB decision, the Board upheld an ALJ’s finding of violation for an airman’s flight into Camp David (P-40) restricted airspace. In Administrator v. Goodman, the father and son were flying a Cessna 172 owned by the father when they were intercepted by F-16’s and forced to land. After landing the tower instructed
- [FAA Provides Relief To U.S. Certificate Holders Assigned To Duty Outside The U.S. In Support Of Armed Forces](https://shackelford.law/news-aviation/faa-provides-relief-to-u-s-certificate-holders-assigned-to-duty-outside-the-u-s-in-support-of-armed-forces/) - The FAA today published a Final Rule allowing “Flight Standards District Offices (FSDO) to accept expired flight instructor certificates, expired inspection authorizations for renewals, and expired airman written test reports for certain practical tests from U.S. military and civilian personnel (U.S. personnel) who are assigned outside the United States in support of U.S. Armed Forces
- [FAA To Solicit Customer Service Surveys For Lockheed Martin's Operation Of Flight Service Stations](https://shackelford.law/news-aviation/faa-to-solicit-customer-service-surveys-for-lockheed-martins-operation-of-flight-service-stations/) - The FAA today published a Notice of Proposed Information Collection in the Federal Register indicating its intent to collect customer service surveys from willing general aviation pilots regarding Lockheed Martin’s operation of flight service stations. According to the Notice, “[t]he results of the survey will be used as a measure in evaluating Lockheed Martin’s performance
- [D.C. Circuit Court Of Appeals Upholds Revocation Of Airman's Certificate Based Upon Japanese Conviction For Importing Ecstasy](https://shackelford.law/news-aviation/d-c-circuit-court-of-appeals-upholds-revocation-of-airmans-certificate-based-upon-japanese-conviction-for-importing-ecstasy/) - The D.C. Circuit Court of Appeals has upheld the NTSB’s revocation of an airman’s certificate based upon the airman’s Japanese conviction for importing the drug Ecstasy. In Donnelly v. Federal Aviation Administration, the airman was a Fed Ex pilot occupying a passenger seat on a Northwest flight from from Detroit to Nagoya. Upon arrival at
- [What Do You Mean It Wasn't A Real Checkride?](https://shackelford.law/news-aviation/what-do-you-mean-it-wasnt-a-real-checkride/) - The NTSB Board recently released an opinion affirming an ALJ’s denial of an airman’s application for airplane multi-engine land rating for his private pilot certificate. In Petition of Beamer, the FAA denied the airman’s application based upon its inability to determine if the airman possessed the necessary qualifications to hold an airman certificate. Apparently the
- [When Must You Report An Aircraft Accident Or Incident](https://shackelford.law/news-aviation/when-must-you-report-an-aircraft-accident-or-incident/) - An airman recently asked me whether he needed to report an aircraft “mishap” in which he was involved to the FAA or NTSB. When I told him it would depend upon exactly what type of “mishap” he was referring to, he provided me with a more detailed explanation of what had happened. With this information
- [Proposed AC 23-25 Available For Comments](https://shackelford.law/news-aviation/proposed-ac-23-25-available-for-comments/) - The FAA today published a Notice of availability; request for comments AC 23-25 on Standard Airworthiness Compliance Checklists for Part 23 Projects. The AC provides a standard compliance checklist for Part 23 Type Certificate, Amended Type Certificate, and Supplemental Type Certificate projects and includes the typical methods of compliance with the regulations. The checklists created
- [Use Of FAA Approved Computerized Flight/Duty Time Tracking Program Does Not Guarantee Compliance](https://shackelford.law/news-aviation/use-of-faa-approved-computerized-flight-duty-time-tracking-program-does-not-guarantee-compliance/) - In a recent civil penalty case, the ALJ rejected an air carrier’s argument that its use of an FAA-approved computerized recordkeeping system combined with the fact that the FAA found no violations of the flight, duty and rest time regulations in 14 C.F.R. Part 121, subpart Qproves that it implemented the approved system properly. In
- [FAA Publishes List Of NDB Approaches For Cancellation](https://shackelford.law/news-aviation/faa-publishes-list-of-ndb-approaches-for-cancellation/) - The FAA today published a list of the NDB approaches it intends to cancel in its ongoing actions to cut costs. According to the FAA, it will save approximately $19,000.00 per year for each cancelled approach. The NDB’s being eliminated are apparently either unnecessary or redundant of other navigational aids. Additionally, the money saved will
- [FAA Issues Guidance On Part 135 Operational Control Responsibilities](https://shackelford.law/news-aviation/faa-issues-guidance-on-part-135-operational-control-responsibilities/) - The FAA today released Notice 8400.83 relating to operational control responsibilities for part 135 operators. The Notice is being sent to all FAA Principal Operations Inspectors (“POI’s”) for use in “their certificate management and surveillance of operations by part 119 certificate holders” operating under part 135 and is intended to provide POI’s “with information concerning
- [NTSB Board Critical Of FAA's Service Procedures In Enforcement Actions](https://shackelford.law/news-aviation/ntsb-board-critical-of-faas-service-procedures-in-enforcement-actions/) - In a recent NTSB opinion, Administrator v. Ordini, the Board criticized the FAA’s practices relating to service of Orders of suspension/revocation on certificate holders. Although the Board upheld Judge Pope’s dismissal of the airman’s appeal from an order of suspension as untimely, it noted that “this case provides us with an opportunity to make some
- [What Do You Do With Your Airline Ticket When The Airline Ceases Operation?](https://shackelford.law/news-aviation/what-do-you-do-with-your-airline-ticket-when-the-airline-ceases-operation/) - The Department of Transportation today published a Notice on Honoring Tickets of Insolvent Airlines Pursuant to the Requirements of Section 145 of the Aviation and Transportation Security Act offering “guidance to the aviation industry regarding the responsibility pursuant to section 145 of the Aviation and Transportation Security Act of certain air carriers to transport under
- [Former America West Pilots Found Guilty Of Operating Aircraft While Intoxicated](https://shackelford.law/news-aviation/former-america-west-pilots-found-guilty-of-operating-aircraft-while-intoxicated/) - A Florida jury has returned a guilty verdict against both of the former America West pilots for operating an Airbus 319 while intoxicated. This isn’t a big surprise. I am not sure about Florida law, but I know this decision is consistent with Minnesota law regarding being in control of a motor vehicle for DWI
- [IRS To Publish Guidance For Taking Deductions For Entertainment Use Of Business Aircraft](https://shackelford.law/news-aviation/irs-to-publish-guidance-for-taking-deductions-for-entertainment-use-of-business-aircraft/) - On June 13, 2005, the IRS will publish a Notice providing guidance for taking deductions for entertainment use of business aircraft. This Notice is intended to clarify the changes imposed by the Jobs Creation Act of 2004 relating to these types of deductions. The Jobs Act effectively reversed the earlier Sutherland Lumber tax case which
- [WI Court Of Appeals Affirms Dismissal Of Deep Vein Thrombosis Claim](https://shackelford.law/news-aviation/wi-court-of-appeals-affirms-dismissal-of-deep-vein-thrombosis-claim/) - The Wisconsin Court of Appeals has affirmed a trial court’s dismissal of a state common-law negligence claim alleging that an airline negligently failed to warn passengers about the dangers of deep vein thrombosis (“DVT”) holding that such claims are impliedly preempted by the Federal Aviation Act of 1958, 49 U.S.C. § 40101. In Miezin v.
- [NTSB Board Dismisses Airman's Untimely Appeal Of Emergency Revocation Order](https://shackelford.law/news-aviation/ntsb-board-dismisses-airmans-untimely-appeal-of-emergency-revocation-order/) - The NTSB Board continues to practice strict adherence to the timing requirements for appealing an FAA emergency revocation order. In Administrator v. DeLuca, the FAA issued an emergency revocation order on November 1, 2004 revoking all of the airman’s certificates. The order was sent via regular and certified mail, and via Federal Express delivery. However,
- [Revised APIS Rules Require Reporting Of Both Arrivals And Departures](https://shackelford.law/news-aviation/revised-apis-rules-require-reporting-of-both-arrivals-and-departures/) - Effective Monday June 6, 2005, the Advance Passenger Information System (“APIS”) operated by U.S. Customs and Border Protection will require not only transmission of manifest information for passengers and crewmembers onboard commercial vessels and aircraft in advance of arrival in the U.S., but operators will now be required to transmit information in advance of departure
- [NTSB Denies Request For Stay Of 180 Day Suspension](https://shackelford.law/news-aviation/ntsb-denies-request-for-stay-of-180-day-suspension/) - A recent NTSB opinion provides a good summary of the Board’s policy on granting a stay of sanction pending appeal. In Administrator v. Wesley, the airman requested a stay of a 180 day suspension ordered by an ALJ. Summarizing its policy on granting stays, the Board quoted an earlier opinion in which it stated “[w]e
- [NTSB Affirms Revocation Of Aloha Airlines First Officer's ATP And Medical Certificates](https://shackelford.law/news-aviation/ntsb-affirms-revocation-of-aloha-airlines-first-officers-atp-and-medical-certificates/) - As a follow up to my March 30, 2004 post in which I discussed an Aloha Airlines first officer’s arrest for intending to operate an aircraft while under the influence of alcohol, the NTSB has affirmed the emergency revocation of the pilot’s ATP and medical certificates. If you will recall, at the time of my
- [FAA Publishes New And Revised Sport Pilot and Light-Sport Aircraft Consensus Standards](https://shackelford.law/news-aviation/faa-publishes-new-and-revised-sport-pilot-and-light-sport-aircraft-consensus-standards/) - The FAA today published a Notice announcing “the availability of certain new consensus standards and revisions to previously accepted consensus standards relating to the provisions of the Sport Pilot and Light-Sport Aircraft rule issued July 16, 2004, and effective September 1, 2004.” ASTM International Committee F37 on Light Sport Aircraft developed the new and revised
- [Denial Of Airman Medical Certificate Based Upon History Of Alcohol Abuse Affirmed By NTSB](https://shackelford.law/news-aviation/denial-of-airman-medical-certificate-based-upon-history-of-alcohol-abuse-affirmed-by-ntsb/) - In Petition of Niehens the NTSB affirmed an ALJ’s dismissal of petitioner’s challenge of the Administrator’s denial of his application for an airman medical certification. The FAA had denied the petitioner’s application claiming that he did not qualify because he had a history of alcohol dependence without satisfactory clinical evidence of recovery, as well as
- [Navigating The Repurcussions Of A Pilot's Second DWI](https://shackelford.law/news-aviation/navigating-the-repurcussions-of-a-pilots-second-dwi/) - All pilots know, or should know, about the DWI/alcohol related offense reporting requirements of FAR 61.15(e). Simply put, if a pilot’s driver’s license is suspended or revoked for an alcohol related offense as defined in the FAR, he or she must report that action to the FAA. A first DWI will get the attention of
- [Former America West Pilots Receive Prison Sentences](https://shackelford.law/news-aviation/former-america-west-pilots-receive-prison-sentences/) - The judge has sentenced the two former America West pilots earlier found guilty by a Florida jury of operating an aircraft while intoxicated. The pilot was sentenced to five years in prison. The judge had no sympathy for the pilot, especially in light of the fact that the pilot had been on probation for an
- [Security Training For DC ADIZ Operations To Be Required By FAA](https://shackelford.law/news-aviation/security-training-for-dc-adiz-operations-to-be-required-by-faa/) - According to AOPA, yesterday the FAA announced a new training program to educate pilots nationwide about the Washington, D.C., Flight Restricted Zone (FRZ), Air Defense Identification Zone (ADIZ), and other security-related airspace restrictions. “The proposal will require pilots to complete an FRZ/ADIZ and security TFR awareness training program or an FAA safety seminar. Pilots would
- [8th Circuit Holds Air Charter Not Defamed By Statements Regarding Its FAA Record, History and Safety](https://shackelford.law/news-aviation/8th-circuit-holds-air-charter-not-defamed-by-statements-regarding-its-faa-record-history-and-safety/) - In the case of Aviation Charter, Inc. v. Aviation Research Group/US, Aviation Charter alleged that ARGUS had defamed it by making certain statements in connection with ARGUS’s assignment of a negative safety rating to Aviation Charter. The negative rating and associated statements were publicized by the Minneapolis Star Tribune in an article following the crash
- [California Department Of Justice's "Operation Safe Pilot" Nets 40 Pilots Accused Of Fraud](https://shackelford.law/news-aviation/california-department-of-justices-operation-safe-pilot-nets-40-pilots-accused-of-fraud/) - Completing an 18 month investigation, the California Department of Justice has charged 40 pilots with lying to the FAA to fraudulently obtain medical certificates. Apparently the defendants were collecting disability benefits from the Social Security Administration based on serious medical and psychological conditions, which would have prevented them from operating an aircraft. However, they failed
- [A Pilot's Sunglasses Do More Than Just Make Him Or Her Look Cool](https://shackelford.law/news-aviation/a-pilots-sunglasses-do-more-than-just-make-him-or-her-look-cool/) - The FAA has published a new safety brochure (Publication No. AM-400-05/1) titled “Sunglasses for Pilots: Beyond Image.” The brochure describes what a pilot should look for when purchasing sunglasses for aviation use. Topics include selecting the right lenses for flying, radiation, glare, new materials, frames and tints. The brochure is available online here or you
- [FAA Issues Guidance For Operators Experiencing RVSM Delays](https://shackelford.law/news-aviation/faa-issues-guidance-for-operators-experiencing-rvsm-delays/) - The FAA has issued guidance for situations in which an operator has not been able complete its RVSM monitoring requirements within the prescribed timeframe. An operator may apply for up to a three-month extension to schedule and complete its monitoring requirements if it has not completed its monitoring on time. The FAA determined that certain
- [TSA Publishes Interim Final Rule For D.C. Access](https://shackelford.law/news-aviation/tsa-publishes-interim-final-rule-for-d-c-access/) - The TSA today published its Interim Final Rule for general aviation access to Ronald Reagan Washington National Airport. Although this is a step in the right direction, the “access” is severely limited and restrictive. In addition to onerous security measures set forth in the rule, general aviation operators using Ronald Reagan will have to pay
- [FAA Publishes Final Rule On Use Of Certain Portable Oxygen Devices Onboard Aircraft](https://shackelford.law/news-aviation/faa-publishes-final-rule-on-use-of-certain-portable-oxygen-devices-onboard-aircraft/) - Yesterday the FAA published a Final Rule on the “Use of Certain Portable Oxygen Concentrator Devices Onboard Aircraft”. The rule creates a Special Federal Aviation Regulation (SFAR) which sets out the conditions under which aircraft passengers will be permitted to use certain portable oxygen concentrator (POC) devices on aircraft. The SFAR includes a POC preparation
- [The List Is Long....](https://shackelford.law/news-aviation/the-list-is-long/) - Have you ever wondered exactly who the U.S. Government considers to be terrorists? Of course we have all heard about Al Qaida, the IRA and several of the other more commonly known terrorist organizations. However, these are but a few of the multitude of individuals and organizations that the U.S. government believes are engaged in
- [AC 90-100 Compliance Delayed Until September 29, 2005](https://shackelford.law/news-aviation/ac-90-100-compliance-delayed-until-september-29-2005/) - According to the FAA, “We are delaying aircraft compliance with the AC, but still expect operators to comply with the operational guidance contained in the AC. Since HOST computers systems have been modified (along with other flight planning software systems), there really is no easy way to go back to ‘todays’ process tomorrow.” The issued
- [APIS Transmission Requirements To Change](https://shackelford.law/news-aviation/apis-transmission-requirements-to-change/) - Effective on or after October 4, commercial operators must make an Advance Passenger Information System (APIS) transmission using the UN-EDIFACT format. For those operators currently utilizing the NBAA APIS Submission Service, that service does not use the UN-EDIFACT format and does not capture the necessary passenger information. As a result, that service will be discontinued.
- [Update To Revised Aircraft Equipment Suffix Changes](https://shackelford.law/news-aviation/update-to-revised-aircraft-equipment-suffix-changes/) - In response to significant questions and concerns regarding the implementation of the revised aircraft equipment suffixes contained in AC 90-100 and the Airman’s Information Manual, the NBAA was able to obtain some clarifications and guidance from the FAA. According to the NBAA website, “the FAA is creating a web site where a current list of
- [FAA Decides Not To Mandate Use Of Child Safety Seats On Aircraft](https://shackelford.law/news-aviation/faa-decides-not-to-mandate-use-of-child-safety-seats-on-aircraft/) - In a Press Release issued yesterday, the FAA announced its decision “that it will not mandate the use of child safety seats on airplanes because of the increased safety risk to families.” According to the FAA, “if forced to purchase an extra airline ticket, families might choose to drive, a statistically more dangerous way to
- [Special Use Airspace Information Now Available Online](https://shackelford.law/news-aviation/special-use-airspace-information-now-available-online/) - Up until now, the only way a pilot could confirm whether special use airspace (SUA) such as military operations areas (MOA’s) etc. was to call flight service. However, recently the FAA has made that information available on its website. Now, a pilot can consult the FAA’s Special Use Airspace & Air Traffic Control Assigned Airspace
- [DOT/FAA To Extend War Risk Insurance For U.S. Flag Commercial Carriers](https://shackelford.law/news-aviation/dot-faa-to-extend-war-risk-insurance-for-u-s-flag-commercial-carriers/) - The FAA today published a Determination to extend its provision of aviation insurance and reinsurance coverage for U.S. flag commercial air carrier service in domestic and international operations beyond the current August 31, 2005 deadline through December 31, 2005. The extension affects U.S. flag commercial ir carriers operating domestic and international flights who currently have
- [FAA Mechanic Pleads Guilty To Making False Statements To FAA](https://shackelford.law/news-aviation/faa-mechanic-pleads-guilty-to-making-false-statements-to-faa/) - It appears that some people think they can misrepresent or omit information on FAA applications and that the worst that will happen if they are discovered is that they will be denied or lose their certificate. Unfortunately, this is not the case. As we have discussed previously, falsification of an airman, medical or other FAA
- [TSA To Continue Federal Flight Deck Officer Program](https://shackelford.law/news-aviation/tsa-to-continue-federal-flight-deck-officer-program/) - In a Notice published today, the TSA is providing notice of its intent to collect information from respondents relating to the Federal Flight Deck Officer (FFDO) Program. With the Notice, the TSA is seeking to renew its information collection to continue its statutory mission of establishing and maintaining the FFDO program. Up until now, the
- [Satellite Monitoring Of ELT Broadcasts Over 121.5 MHz And 243 MHz To End February 1, 2009](https://shackelford.law/news-aviation/satellite-monitoring-of-elt-broadcasts-over-121-5-mhz-and-243-mhz-to-end-february-1-2009/) - The FAA has issued a Notice to Airman announcing the scheduled end of satellite processing of emergency locator transmitter (ELT) distress signals broadcast over 121.5 MHz and 243 MHz. According to the Notam, “[t]he Cospas-Sarsat Program has announced plans to terminate satellite processing of distress signals from 121.5 and 243 MHz emergency beacons on February
- [Application Process And Guidance For DCA Access Released By TSA](https://shackelford.law/news-aviation/application-process-and-guidance-for-dca-access-released-by-tsa/) - The TSA has released further information regarding the application process for obtaining access to Ronald Reagan National Airport (DCA). The TSA information available for download includes 1) the Federal Background Check Form; 2) Important Information and FAQs; 3) Armed Security Officer Guidance and Application; 4) Non Disclosure Agreement Form; and 5) FBO and Operator Guidance
- [TSA Considers Revamping Airport Security Screening](https://shackelford.law/news-aviation/tsa-considers-revamping-airport-security-screening/) - According to an AP Article in the Washington Times, the TSA is apparently considering major changes to its airport security screeing procedures. The changes may even include lifting the ban on carrying razor blades, small knives, scissors, ice picks and bows and arrows, as well as limiting the use of pat-down searches. An internal memorandum
- [Illinois Passes Law Making Impersonation Of A Pilot A Felony](https://shackelford.law/news-aviation/illinois-passes-law-making-impersonation-of-a-pilot-a-felony/) - And taking things one step further, Illinois has passed a law making it a felony to impersonate a pilot at Illinois airports. According to a Daily Herald Article, under the law, attempting to impersonate a “pilot, airline or airport employee or contractor in restricted areas of airports is a felony punishable by one to three
- [Man Receives Jail Time For Flying Without Valid Airman Certificate](https://shackelford.law/news-aviation/man-receives-jail-time-for-flying-without-valid-airman-certificate/) - In a August 5, 2005 Release, the Office of Inspector General for the Department of Transportation states that a man was sentenced to 31 days of jail time and fined $1,000 for flying an airplane without a valid airman certificate. Apparently the man “has never held a pilot’s license, but operated his privately owned and
- [A Picture Trumps A Thousand Words](https://shackelford.law/news-aviation/a-picture-trumps-a-thousand-words/) - In a July 2, 2005 accident, a pilot was flying a Kelley Volmer Amphibian and during a hard landing on the Mississippi River near Nauvoo, Illinois performed a nose-dive into the river. Afterwards, the pilot claimed that he was “surprised” by a speedboat crossing beneath the airplane and struck the speedboat’s large wake upon landing
- [Flight Plan Aircraft Equipment Suffixes To Change September 1, 2005](https://shackelford.law/news-aviation/flight-plan-aircraft-equipment-suffixes-to-change-september-1-2005/) - The FAA has issued a Revised Aircraft Equipment Suffix Table For FAA Flight Plans which takes effect September 1, 2005. this revision is the fourth and final revision “to enable operators to better indicate aircraft Advanced RNAV and RVSM capabilities using aircraft equipment suffixes.” Starting September 1, “/J”, “/K” “/L” or a newly defined “/Q”
- [Transportation Bill Passed Clarifying Excise Tax Exemptions For Air Tour Operators And Seaplanes](https://shackelford.law/news-aviation/transportation-bill-passed-clarifying-excise-tax-exemptions-for-air-tour-operators-and-seaplanes/) - Last Friday the U.S. Senate passed the Highway Bill Conference Report (H.R. 3) which contains clarifications regarding the exemptions from the collection/payment of excise tax. Section 5223 adds an exemption from the payment of excise tax for “any air transportation by a seaplane with respect to any segment consisting of a takeoff from, and a
- ["Operation Safe Pilot" To Be Expanded?](https://shackelford.law/news-aviation/operation-safe-pilot-to-be-expanded/) - DOT Inspector General Kenneth Mead has recommended that “Operation Safe Pilot” be expanded beyond its initial scope to include all of California and, presumably, other states. If you will recall from my July 20, 2005, “Operation Safe Pilot” compared a list of individuals collecting disability benefits from the Social Security Administration against the list of
- [FAA Releases Notice Regarding New Part 121/Part 135 Operations Specifications For Weight And Balance](https://shackelford.law/news-aviation/faa-releases-notice-regarding-new-part-121-part-135-operations-specifications-for-weight-and-balance/) - Yesterday the FAA released Notice 8400.84, Weight and Balance Operations Specifications, applicable to Part 121 and Part 135 air carriers. The Notice was issued to provide guidance to principal operations inspectors (POI’s) in reviewing Part 121 and Part 135 operations specifications (OpSpecs) weight and balance authorizations. The Notice requires that operators comply with the newest
- [FAA Publishes Final Rule On Second-In-Command Type Rating](https://shackelford.law/news-aviation/faa-publishes-final-rule-on-second-in-command-type-rating/) - The FAA today published its Final Rule establishing a second-in-command (SIC) pilot type rating and associated qualifying procedures. The rule is intended “to allow U.S. flight crews to continue to operate in international airspace without the threat of being grounded for not holding the appropriate pilot type rating.” Up until now, The FAA second-in-command requirements
- [7th Circuit Holds U.S. Not Responsible For Actions Of Contract Air Traffic Controllers In Meigs Mid-Air Collision](https://shackelford.law/news-aviation/7th-circuit-holds-u-s-not-responsible-for-actions-of-contract-air-traffic-controllers-in-meigs-mid-air-collision/) - The Seventh Circuit Court of Appeals has affirmed the District Court’s dismissal of a lawsuit against the United States arising out of a 1997 mid-air collision over Chicago, Illinois. At the time, both of the aircraft were receiving flight control services from the Meigs tower which was operated by private controllers under contract with the
- [Untimely Appeal Of ALJ Decision Dismissed For Lack Of Good Cause](https://shackelford.law/news-aviation/untimely-appeal-of-alj-decision-dismissed-for-lack-of-good-cause/) - Consistent with its rules and precedent, the NTSB has dismissed an airman’s untimely appeal in the absence of good cause for the tardy filing. In Administrator v. Grieshaber the airman filed his appeal 14 days late. On appeal, the airman argued that his late filing was excusable because “(1) two other NTSB law judges (Judge
- [Are You Satisfied With The FAA's Aeromedical Certification Services?](https://shackelford.law/news-aviation/are-you-satisfied-with-the-faas-aeromedical-certification-services/) - If not, get ready to sharpen your pencils. The FAA has published a Notice of its forwarding of a Information Collection Request (ICR) abstracted to the Office of Management and Budget (OMB) for review and approval of the new collection. The ICR is titled: Survey of Airman Satisfaction with Aeromedical Certification Services and seeks to
- [FAA Disclosure Of Personal Information](https://shackelford.law/news-aviation/faa-disclosure-of-personal-information/) - If you are a pilot or you hold any other airman or medical certificates, the FAA has personal information about you. If you have had any run-ins with the FAA (e.g. enforcement actions) then the FAA has even more information about you. Did you ever wonder whether the FAA can disclose that information and, if
- [DOT Revises SIFL Rates For Period From July 1 Through December 31, 2005](https://shackelford.law/news-aviation/dot-revises-sifl-rates-for-period-from-july-1-through-december-31-2005/) - If an employee flies on an employer-provided aircraft for non-business purposes, the value of that transportation is potentially taxable to the employee. This is also true for the employee’s family members or a non-employee guest. The Standard Industry Fare Level (SIFL) rate is used to meet the Internal Revenue Service Rules Section 1.61-21(g) requirement that
- [FAA Fines City Of Chicago For Meig's Closure](https://shackelford.law/news-aviation/faa-fines-city-of-chicago-for-meigs-closure/) - The FAA has issued what I presume to be a Notice of Proposed Civil Penalty assessing a civil penalty of $33,000.00 against the city of Chicago for its after-midnight destruction of Meigs Field. According to an article in the Chicago Sun-Times, the city was required to give the FAA 30-days notice before it closed Meigs
- [SIC Type Rating Compliance Deadline Extended](https://shackelford.law/news-aviation/sic-type-rating-compliance-deadline-extended/) - The FAA today published a “compliance date correction” in the federal register which extends the compliance date for the Second-in-Command rule it published on August 4, 2005. According to the FAA, the new rule’s effective date remains September 6, 2005. However, in order “to give affected pilots time to prepare and file the paperwork necessary
- [NTSB Denies Airman's Claim That It Applies Good Cause Standard Unevenly](https://shackelford.law/news-aviation/ntsb-denies-airmans-claim-that-it-applies-good-cause-standard-unevenly/) - In a recent case, the NTSB denied an airman’s request for reconsideration of its decision affirming an administrative law judge’s dismissal of the airman’s appeal from the Administrator’s order of suspension. The Board originally affirmed the ALJ’s determination that the airman’s appeal was filed late and held that the airman had not presented any evidence
- [FAA Seeking Answers To Funding Of Aviation Trust Fund](https://shackelford.law/news-aviation/faa-seeking-answers-to-funding-of-aviation-trust-fund/) - In a Notice published today, the FAA is providing information regarding its goals for funding the Aviation Trust Fund, as well as information regarding the FAA’s ongoing operational costs and funding sources. The current taxes and fees funding the Aviation Trust Fund and which provide funding for the National Aviation System, are only authorized through
- [FAA Publishes Final Rule On False and Misleading Statements Regarding Aircraft Products And Parts](https://shackelford.law/news-aviation/faa-publishes-final-rule-on-false-and-misleading-statements-regarding-aircraft-products-and-parts/) - The FAA today published a Final Rule regarding False and Misleading Statements Regarding Aircraft Products, Parts, Appliances and Materials. The final rule amends existing FAA regulations to create additional rules banning certain false or misleading statements about type-certificated products, and products, parts, appliances and materials that may be used on type-certificated products. According to the
- [Aircraft Insurer Did Not Act In Bad Faith When It Sued Renter Pilot For Damage To Rental Aircraft](https://shackelford.law/news-aviation/aircraft-insurer-did-not-act-in-bad-faith-when-it-sued-renter-pilot-for-damage-to-rental-aircraft/) - In a recent decision, McKinley v. XL Specialty Insurance Company, the California Court of Appeals held that an insurer did not act in bad faith when it asserted a subrogation claim against the pilot who rented and damaged an aircraft owned by its insured, since the pilot was not insured under the policy for the
- [U.S. House Passes Katrina Volunteer Protection Act of 2005](https://shackelford.law/news-aviation/u-s-house-passes-katrina-volunteer-protection-act-of-2005/) - In the aftermath of Hurricane Katrina, the U.S. House of Representatives last week passed the Katrina Volunteer Protection Act of 2005. The bill, H.R. 3736, would protect volunteers who provide aid, medical treatment and rescue assistance from liability arising from injury and property damage. This would include charity flight organizations and their volunteers who have
- [Privileges And Limitations Of A Commercial Pilot Certificate](https://shackelford.law/news-aviation/privileges-and-limitations-of-a-commercial-pilot-certificate/) - Many people, both pilot and non-pilot alike, think that if a pilot has a commercial pilot certificate he or she can get paid for flying. However, the commercial pilot certificate alone does not grant the privilege of receiving compensation for flying under all circumstances. Commercial pilots must be clear on both the privileges and limitations
- [U.S. Court Of Appeals For Federal Circuit Affirms Dismissal Of D.C. Heliport Operator's Takings Claim Against United States](https://shackelford.law/news-aviation/u-s-court-of-appeals-for-federal-circuit-affirms-dismissal-of-d-c-heliport-operators-takings-claim-against-united-states/) - In Air Pegasus of D.C. v. United States the U.S. Court of Appeals for the Federal Circuit has affirmed the U.S. Court of Federal Claims’ dismissal of a lawsuit alleging that the post-9/11 NOTAMS prohibiting flight operations over the D.C. area constituted a compensable taking of property. Air Pegasus operated the South Capitol Street heliport
- [FAA Publishes New AC 90-100 Compliance Table](https://shackelford.law/news-aviation/faa-publishes-new-ac-90-100-compliance-table/) - As of yesterday, the FAA’s new AC 90-100 Compliance Table is available on the FAA website. The table lists the RNAV systems for RNAV Q-Routes, Type A and/or Type B RNAV procedures that meet the performance requirements contained in AC 90-100. You can view/download the table here.
- [Aircraft Salesman Pleads Guilty To Purchasing Annual Inspection Sign-Offs When No Inspections Were Performed](https://shackelford.law/news-aviation/aircraft-salesman-pleads-guilty-to-purchasing-annual-inspection-sign-offs-when-no-inspections-were-performed/) - According to the FAA Office of Inspector General, the owner of Carlsbad Aircraft Sales, Inc. in Carlsbad, California has pled guilty to a charge of conspiracy to make false statements or writings. Apparently the salesman admitted that he made payments of $100 – $200 each to an unindicted co-conspirator (who holds an FAA Inspection Authorization)
- [Attendance At An FAA Wings Program In Lieu Of A Biennial Flight Review](https://shackelford.law/news-aviation/attendance-at-an-faa-wings-program-in-lieu-of-a-biennial-flight-review/) - I was recently discussing the issue of biennial flight reviews with a pilot and the pilot informed me that he did not need a biennial flight review (“BFR”) because he had attended one of the FAA’s Wings progams and he felt that satisfied the BFR requirement. When I asked him whether he had done any
- [Allocation Of Expenses On A Cost-Sharing Flight](https://shackelford.law/news-aviation/allocation-of-expenses-on-a-cost-sharing-flight/) - I was recently asked the question “if my aircraft consumes up to 12 gallons per hour and I charge my passenger accordingly, yet in reality the aircraft only consumed 8 gallons per hour on a cost-sharing flight, then am I legally making a profit on that flight?” My answer was “no, technically, this would not
- [FAA Issues Draft Advisory Circulars Applicable To Airport Operators And Commercial Tenants](https://shackelford.law/news-aviation/faa-issues-draft-advisory-circulars-applicable-to-airport-operators-and-commercial-tenants/) - The FAA has issued two draft advisory circulars (AC’s) that would cancel and update earlier AC’s pertinent to airport operators as well as airport commercial tenants: AC 150/5190-6: Exclusive Rights At Federally Obligated Airports and AC 150/5190-7: Minimum Standards For Commercial Aeronautical Activities. The guidance contained in the draft AC’s is not mandatory. However, the
- [FAA Issues Hazmat Training Final Rule](https://shackelford.law/news-aviation/faa-issues-hazmat-training-final-rule/) - The FAA today published its Final Rule regarding Hazmat training requirements for certain air carriers and commercial operators. According to the FAA, it “is updating its regulations because hazmat transportation and the aviation industry have changed significantly since the FAA promulgated its hazmat regulations over 25 years ago. The rule will set clear hazmat training
- [Mode S Exemptions To Terminate](https://shackelford.law/news-aviation/mode-s-exemptions-to-terminate/) - The FAA today published a Notice of Policy in which it indicated its intent to allow all FAA authorized exemptions to the Mode S transponder (TCAS) requirements of FAR’s 121.345(c)and 135.143(c) to terminate no later than March 1, 2007 and it “seeks comments from persons currently holding an exemption from the above regulations on a
- [IRS Issues Revenue Ruling Regarding Taxation On Air Transportation Activities](https://shackelford.law/news-aviation/irs-issues-revenue-ruling-regarding-taxation-on-air-transportation-activities/) - On September 26, 2005, the IRS issued Revenue Ruling 2005-64 which “describes the circumstances in which losses incurred by an individual who provides air transportation through a passthrough entity can qualify as passive losses under section 469 of the Code. In addition, this ruling describes the applicability of section 4261 to the amounts paid for
- [NTSB Issues Weather Training Safety Recommendations](https://shackelford.law/news-aviation/ntsb-issues-weather-training-safety-recommendations/) - The NTSB today released Safety Recommendations A-05-024 through A-05-029 suggesting that the FAA implement additional training, testing and education relating to weather and control of aircraft in IMC. The recommendations are the result of a study, Risk Factors Associated with Weather-Related General Aviation Accidents, conducted by the NTSB “to better understand the risk factors associated
- [Draft AC On Aircraft Noise Certification Documentation Available For Comment](https://shackelford.law/news-aviation/draft-ac-on-aircraft-noise-certification-documentation-available-for-comment/) - The FAA today published a Notice regarding the availability of a proposed advisory circular entitled “Guidance On Aircraft Noise Certification Documentation For International Flights.” The proposed AC responds to the International Civil Aviation Organization (ICAO) adoption of three acceptable options for managing noise certification documents. The AC contains guidance on aircraft noise certification documentation operators
- [FAA Publishes Proposed Wet Lease Policy Guidance](https://shackelford.law/news-aviation/faa-publishes-proposed-wet-lease-policy-guidance/) - The FAA today published a Notice requesting comments on proposed policy guidance regarding permissible/impermissible “wet-lease” commercial arrangements. According to the FAA, the proposed policy guidance identifies “those commercial arrangements that would be considered to be unlawful wet lease arrangements under these regulations as well as those that would be permissible.” The FAA is also seeking
- [FAA Publishes Correction to Second-In-Command Rating Rule](https://shackelford.law/news-aviation/faa-publishes-correction-to-second-in-command-rating-rule/) - You would think that the FAA would proof-read documents before it sends them to be published in the Federal Register. However, it doesn’t appear that the Second-In-Command rule amendment to FAR 61.55 was thoroughly proofed before it was published. The FAA today published a Correction to the rule. According to the FAA it is correcting
- [Is It A Violation To Fly Into Known Icing Conditions?](https://shackelford.law/news-aviation/is-it-a-violation-to-fly-into-known-icing-conditions/) - With the arrival of winter and colder temperatures, you can bet that most of your flight service station briefings over the next several months will include the perennial “AIRMET ‘X’ for occasional light to moderate rime and mixed icing in clouds and precipitation.” Thus, it is a good time to review a recent National Transportation
- [Administrator Assesses Civil Penalty Against Flight School For Operating Aircraft Past Deadlines For AD Compliance](https://shackelford.law/news-aviation/administrator-assesses-civil-penalty-against-flight-school-for-operating-aircraft-past-deadlines-for-ad-compliance/) - A recent civil penalty case discusses the FAA’s position regarding an aircraft owner or operator’s responsibility with respect to the airworthiness of an aircraft subject to recurring airworthiness directives (“AD’s”). In In the Matter of: Ace Pilot Training, the FAA filed a complaint alleging that Ace operated a Mooney M20C and two Piper PA-28’s when
- [Flight Review Under FAR §61.56](https://shackelford.law/news-aviation/flight-review-under-far-§61-56/) - Most pilots are familiar with the 90 day currency requirements for carrying passengers and flying at night. However, it seems that the “flight review” (formerly “biennial flight review”) currency requirement is often misunderstood and/or ignored. Depending upon the circumstances, not all pilots are required to accomplish a flight review or they may be able to
- [FAA To Hold Public Meeting To Obtain Input On Its Plans For Implementing New Convective Weather Products](https://shackelford.law/news-aviation/faa-to-hold-public-meeting-to-obtain-input-on-its-plans-for-implementing-new-convective-weather-products/) - According to a Notice published today in the Federal Register, the FAA has scheduled an informal public meeting to obtain aviation weather user input regarding its plans for implementing new convective weather products. According to the Notice, the meeting will generally proceed as follows: 1. The meeting will be informal in nature and will be
- [Special Federal Aviation Regulation No. 105 Expiration Date Extended Through March 31, 2006](https://shackelford.law/news-aviation/special-federal-aviation-regulation-no-105-expiration-date-extended-through-march-31-2006/) - The FAA today published an Extension of the expiration date for Special Federal Aviation Regulation (“SFAR”) No. 105 Reservation System for Unscheduled Arrivals at Chicago’s O’Hare International Airport. According to the FAA, the extension “is necessary to maintain the reservation system established for unscheduled arrivals at O’Hare International Airport while the FAA completes rulemaking associated
- [2006 Commercial Air Transportation Taxes Announced](https://shackelford.law/news-aviation/2006-commercial-air-transportation-taxes-announced/) - The Internal Revenue Service will soon publish Revenue Procedure 2005-70, providing inflation-adjusted tax items for 2006. According to Section 3.30 of the procedure, “[f]or calendar year 2006, the tax under § 4261(b) on the amount paid for each domestic segment of taxable transportation by air is $3.30. For calendar year 2006, the tax under §
- [FAA Publishes Space Flight Notice Of Proposed Rulemaking](https://shackelford.law/news-aviation/faa-publishes-space-flight-notice-of-proposed-rulemaking/) - The FAA today published its Notice of Proposed Rulemaking for Human Space Flight Requirements for Crew and Space Flight Participants. The NPRM “proposes requirements for human space flight of crew and space flight participants as required by the Commercial Space Launch Amendments Act of 2004.” If adopted, the NPRM would establish requirements for crew qualifications,
- [NTSB Accepts Improperly Addressed But Timely Filed Appeals](https://shackelford.law/news-aviation/ntsb-accepts-improperly-addressed-but-timely-filed-appeals/) - In Administrator v. Millenium Propellers, Inc., the NTSB has accepted both the FAA’s and the certificate holder’s timely filed appeal briefs even though the briefs were filed in the incorrect office. After the initial oral-decision of Judge Mullins ordering a 6-month suspension of Millenium’s repair station certificate, both parties appealed. The FAA sent its appeal
- [8th Circuit Court Of Appeals Affirms Dismissal Of Untimely Appeal](https://shackelford.law/news-aviation/8th-circuit-court-of-appeals-affirms-dismissal-of-untimely-appeal/) - Consistent with existing precedent, the 8th Circuit Court of Appeals has dismissed a mechanic’s appeal of an NTSB oral decision after the appeal brief was filed nine days late. In Cornish v. FAA, the Court reviewed the rule requiring that the administrative appeal from an oral initial decision, must be perfected by filing a brief
- [TSA Waives "In-Month" Security Awareness Training Recurrency Requirement](https://shackelford.law/news-aviation/tsa-waives-in-month-security-awareness-training-recurrency-requirement/) - In an Exemption issued December 13, 2005, the TSA has waived a requirement for flight school employees and independent CFIs to receive recurrent security training in the same month as when they received initial security awareness training. The exemption instead allows 18 months for flight school employees and independent CFI’s to complete annual security awareness
- [FAA Passes The Buck On Interpretation of the Flight Time, Rest and Duty Period Regulations](https://shackelford.law/news-aviation/faa-passes-the-buck-on-interpretation-of-the-flight-time-rest-and-duty-period-regulations/) - In a Notice published today, the FAA “has decided that it would be beneficial to follow the procedures announced in the May 8, 1980 Federal Register Notice (45 FR 30424) to request public comments on the requesters’ questions, before the FAA issues its responses” to the multiple requests it receives for interpretaion of the flight
- [Independent Careless And Reckless Charge Against Airman Must Be Plead In FAA Complaint](https://shackelford.law/news-aviation/independent-careless-and-reckless-charge-against-airman-must-be-plead-in-faa-complaint/) - In a recent case, Administrator v. W.H.M.J. Van Der Horst, the NTSB reversed an administrative law judge’s (ALJ) suspension of an airman’s commercial pilot certificate for allegedly performing a preflight inspection carelessly and recklessly. The FAA’s complaint against the airman asserted, as is usually the case, that the airman acted carelessly and recklessly in connection
- [NTSB Affirms Revocation Of Airman's Certificates Based Upon Felony Conviction](https://shackelford.law/news-aviation/ntsb-affirms-revocation-of-airmans-certificates-based-upon-felony-conviction/) - The NTSB recently affirmed an administrative law judge’s decision revoking all of an airman’s pilot and medical certificates, but not his mechanic certificate, for making intentional or fraudulent statements on an application for medical certificate. In Administrator v. Culliton, the FAA alleged that the airman failed to disclose a number of potentially disqualifying conditions on
- [Public Meetings On FAA Proposal To Codify DC ADIZ Announced](https://shackelford.law/news-aviation/public-meetings-on-faa-proposal-to-codify-dc-adiz-announced/) - The FAA today published a Notice identifying two public meetings it will hold to solicit feedback and comments regarding its proposed codification of the Washington DC Air Defense Identification Zone (DC ADIZ). Specifically, the FAA would like responses, with supporting documentation, to the following questions: (1) What has been the effect of the airspace restrictions
- [FAA Publishes Notice Regarding Enforcement Of Aircraft Registration](https://shackelford.law/news-aviation/faa-publishes-notice-regarding-enforcement-of-aircraft-registration/) - The Federal Aviation Administration (FAA), along with the Transportation Security Administration (TSA), issued a Notice intended to ensure that only properly registered aircraft operate within the National Airspace System (NAS). According to the FAA, efforts undertaken pursuant to this Notice will revitalize and refocus their airspace monitoring capabilities to ensure that each aircraft operating within
- [EPA Publishes Amended SPCC Proposed Rule](https://shackelford.law/news-aviation/epa-publishes-amended-spcc-proposed-rule/) - The EPA today published an Amendment to the Spill Prevention, Control, and Countermeasure Plan Requirements proposed rule. The proposed rule is a major revision to previous EPA proposals and removes many of the earlier requirements that would have resulted in a significant burden on aviation fuel providers. Most notably, the propsed rule omits the requirement
- [FAA To Hold General Aviation Summit On Aging Aircraft](https://shackelford.law/news-aviation/faa-to-hold-general-aviation-summit-on-aging-aircraft/) - The FAA today published a Notice of its intent to hold a public meeting on the subject of the continued airworthiness of the U.S. general aviation fleet of aircraft. According to the FAA, “[t]he purpose of the meeting is to gather information and discuss technical issues related to problems associated with the increasing average age
- [Prosecution Policy For Carrying Weapons Or Explosives Aboard Aircraft](https://shackelford.law/news-aviation/prosecution-policy-for-carrying-weapons-or-explosives-aboard-aircraft/) - Do you ever wonder what happens to someone who attempts to clear a security checkpoint at an airport but is caught with a weapon or other prohibited item? Believe it or not, not all of the persons who are caught are prosecuted. According to the United States Attorney’s Manual(“USAM”), a large number of people have
- [FAA To Conduct Survey Of Human Factors In Maintenance Organizations](https://shackelford.law/news-aviation/faa-to-conduct-survey-of-human-factors-in-maintenance-organizations/) - The FAA today published a Notice and request for comments relating to its intent to conduct a suvey of Part 145 maintenance organizations regarding the human factors elements of part 145 including training, error management, fatigue management, to name a few. According to the Notice, “Part 145 organizations will receive an invitation via e- mail
- [Deadline For Updating Aircraft Registration Info Approaches](https://shackelford.law/news-aviation/deadline-for-updating-aircraft-registration-info-approaches/) - As discussed in my December 13, 2006 post, the February 1, 2006 deadline is approaching for aircraft owners to check their aircraft registration records online with the FAA Registry to ensure the accuracy of the information and to update the information if necessary. The FAA and TSA believe that national security and aviation safety require
- [FAA Withdraws Supplemental Oxygen Direct Final Rule](https://shackelford.law/news-aviation/faa-withdraws-supplemental-oxygen-direct-final-rule/) - The FAA today published a Withdrawal of the supplemental oxygen final rule it previously published on November 10, 2005. The November 10, 2005 direct final rule, applicable to Part 121 operations, changed the flight-level requirement at which a flying pilot must use his or her oxygen mask when the other pilot leaves the cockpit. The
- [Disposition Of Petitions For Exemption Will No Longer Be Published](https://shackelford.law/news-aviation/disposition-of-petitions-for-exemption-will-no-longer-be-published/) - According to a Final Rule published in the Federal Register today, the FAA will no longer publish dispositions of petitions for exemptions in the Federal Register. Currently the FAA notifies a petitioner in writing regarding the disposition of a petition for exemption and then the FAA also publishes the disposition in the Federal Register. However,
- [FAA Publishes Drug Testing Final Rule](https://shackelford.law/news-aviation/faa-publishes-drug-testing-final-rule/) - The FAA today published its Final Rule regarding Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities. The final rule “amends the FAA regulations governing drug and alcohol testing to clarify that each person who performs a safety- sensitive function for a regulated employer by contract, including by subcontract at any
- [FAA Issues Notice Of Aircraft Registration Procedures Related To The Cape Town Treaty](https://shackelford.law/news-aviation/faa-issues-notice-of-aircraft-registration-procedures-related-to-the-cape-town-treaty/) - The FAA today issued a Notice containing procedures to be followed at the FAA Registry relating to the Cape Town Treaty which will be in force starting tomorrow. The Notice identifies the types of aircraft and equipment subject to the Treaty including: (1) Airframes, that when appropriate aircraft engines are installed thereon, are type certified
- [Aircraft Owner Compliance With Service Bulletins](https://shackelford.law/news-aviation/aircraft-owner-compliance-with-service-bulletins/) - If you own an aircraft, you no doubt have received a “service bulletin” from the manufacturer of your aircraft or one of its components (e.g. the engine, avionics or accessories). But what exactly does this mean to you? Are you required to comply with the service bulletins? Will an aircraft owner be subject to FAA
- [2005 Federal Radionavigation Plan Available](https://shackelford.law/news-aviation/2005-federal-radionavigation-plan-available/) - The DOT has published the 2005 Edition of the Federal Radionavigation Plan (FRP) for comment. The FRP is the official source of radionavigation policy and planning for the Federal Government and is prepared jointly by the U.S. Departments of Defense (DoD), U.S. Department of Transportation (DOT), and Homeland Security (DHS) with the assistance of other
- [EPA Publishes Final Rule Extending Compliance Date For Spill Prevention, Control And Countermeasures ("SPCC") Plans](https://shackelford.law/news-aviation/epa-publishes-final-rule-extending-compliance-date-for-spill-prevention-control-and-countermeasures-spcc-plans/) - Yesterday the EPA published its Final Rule extending the dates by which facilities must prepare or amend SPCC Plans, and implement those Plans. According to the EPA, its action allows it “time to take final action on proposed revisions to the July 17, 2002 SPCC rule before owners and operators of facilities are required to
- [When Is An Ultralight Not An Ultralight?](https://shackelford.law/news-aviation/when-is-an-ultralight-not-an-ultralight/) - A recent NTSB case discusses when an ultralight aircraft is subject to FAR Part 103 and when it is not. Administrator v. Hopkins arose after Mr. Hopkins was involved in an incident in which the 2-passenger Parasender II he was operating (also called a “powered parachute” by Mr. Hopkins) hit a power line and landed
- [FAA Releases Fact Sheet On Suspect Unapproved Parts](https://shackelford.law/news-aviation/faa-releases-fact-sheet-on-suspect-unapproved-parts/) - Yesterday the FAA released a new Fact Sheet on Suspect Unapproved Parts (“SUP’s”). The Fact Sheet identifies SUP’s as parts that may not meet applicable regulatory requirements ranging from parts that lack proper documentation to parts that are actually counterfeit. It then discusses the FAA’s SUP program and its efforts to identify, investigate and remove
- [FAA Declares Itself "Public Health Authority"](https://shackelford.law/news-aviation/faa-declares-itself-public-health-authority/) - The FAA today published a Notice to “inform hospitals and other health care organizations of its status as a “public health authority” under the medical privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In support of this determination, the FAA cites to its statutory duty to “perform medical research intended
- ["Known" Icing Conditions](https://shackelford.law/news-aviation/known-icing-conditions/) - I was recently asked about the definition of “known icing conditions.” The individual asking the question was unable to find a definition in FAR Part 91. Unfortunately, “known icing” is not defined in FAR Part 91. Although FAR 91.527 discusses operating in icing conditions, it only applies to large and turbine multi-engine aircraft. “Known icing”
- [NTSB Affirms Careless And Reckless Violation For Gear-Up Landing](https://shackelford.law/news-aviation/ntsb-affirms-careless-and-reckless-violation-for-gear-up-landing/) - In a recent decision, the NTSB affirmed an administrative law judge’s finding that a gear-up landing supported a charge of careless operation of an aircraft. In Administrator v. Lorenz, the airman admitted that he landed a Beechcraft Bonanza V35B with the landing gear in the up position. The FAA charged the airman with careless and
- [NTSB Upholds Award Of Fees Under EAJA](https://shackelford.law/news-aviation/ntsb-upholds-award-of-fees-under-eaja/) - In a recent decision, the NSTB has upheld an award of attorney’s fees in excess of $21,000 pursuant to the Equal Access to Justice Act (“EAJA”). In Application of Michael Anthony Tarascio, the airman applied for an award of attorney’s fees and costs he incurred in obtaining dismissal of an underlying enforcement action initiated against
- [DOT Releases SIFL Rates For First Six Months Of 2006](https://shackelford.law/news-aviation/dot-releases-sifl-rates-for-first-six-months-of-2006/) - The U.S. Department of Transportation has released the Standard Industry Fare Level (SIFL) rates for the six-month period from January 1, 2006, to June 30, 2006. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [FAA Flight Standards Service Creates New Part 135 Branch](https://shackelford.law/news-aviation/faa-flight-standards-service-creates-new-part-135-branch/) - As of this month, FAA’s Flight Standards Service now has a new office focused on issues related to activities conducted under FAR Part 135. The new office is being informally referred to as the “Part 135 Branch, AFS-250”. It will oversee on-demand charter operations, certain scheduled passenger and sightseeing flights, cargo and air transportation of
- [DOT To Add Definitions Of Sixth And Seventh Freedoms Of The Air](https://shackelford.law/news-aviation/dot-to-add-definitions-of-sixth-and-seventh-freedoms-of-the-air/) - The Department of Transportation today published a Final Rule adding definitions of sixth- and seventh-freedom charters to the definitions section of 14 CFR Part 212. The Final Rule also requires foreign air carrier applicants for charter authority to provide updated reciprocity statements and operational data relative to its homeland-U.S. services. What are the “Freedoms of
- [Business Use Of U.S.-Registered Foreign Civil Aircraft](https://shackelford.law/news-aviation/business-use-of-u-s-registered-foreign-civil-aircraft/) - On March 28, 2006, the FAA published a Final Rule amending 14 CFR Part 375 to exempt certain business operations of U.S.-registered foreign civil aircraft from being treated as commercial air operations. The rule change was prompted by a petition filed by the NBAA to recognize that the “economy has become increasingly global and businesses
- [Deadline For Inspection Authorization Renewal Is March 31](https://shackelford.law/news-aviation/deadline-for-inspection-authorization-renewal-is-march-31/) - Airframe and Powerplant mechanics who have an inspection authorization (IA) have until March 31 to renew their yearlong authorization. IAs expire on March 31 of each year. A&P’s should review FAR 65.93 for the requirements they will need to meet and the documents they will need to present to a FSDO or International Field Office
- [NTSB Rejects Airman's "FMS Malfunction" Defense](https://shackelford.law/news-aviation/ntsb-rejects-airmans-fms-malfunction-defense/) - In a recent NTSB case, Administrator v. Nemeth, the Board affirmed an ALJ’s finding that an airman violated FAR’s 91.13(a) (careless and reckless), 91.123(a) and (b) (deviation from ATC clearance and instruction), and 91.175(a) (take-off and landing under IFR), when he improperly executed an instrument approach into the Jackson Hole Airport. Although the airman was
- [8th Circuit Affirms Civil Penalty Against Trans States Airlines For Failure To Maintain Current Crewmember Records](https://shackelford.law/news-aviation/8th-circuit-affirms-civil-penalty-against-trans-states-airlines-for-failure-to-maintain-current-crewmember-records/) - In Trans States Airlines v. Federal Aviation Administration, the 8th Circuit Court of Appeals deferred to the FAA’s interpretation of 14 C.F.R. § 121.683(a)(1) and affirmed a $25,000.00 civil penalty assessed against the carrier for its failure to maintain current flight, duty and rest time records for its pilots. At the hearing before the administrative
- [Requests For Re-Examination](https://shackelford.law/news-aviation/requests-for-re-examination/) - An airman was recently involved in an accident. Although the subsequent company disciplinary action found that the airman had not done anything wrong, the airman later received a request for re-examination from the FAA. I was asked whether the FAA could take this action even though the airman was not disciplined. The answer is, yes,
- [Guidance Available For Recurrent Flight School Security Awareness Training](https://shackelford.law/news-aviation/guidance-available-for-recurrent-flight-school-security-awareness-training/) - The TSA has issued Guidance for required recurrent Flight School Security Awareness (FSSA) training of flight instructors and flight school employees. The FSSA training applies to all active flight and ground instructors, whether independent or employed by a flight school, and to all flight school employees who have direct contact with flight students. You can
- [FAA Issues Final Rule On SFAR 103](https://shackelford.law/news-aviation/faa-issues-final-rule-on-sfar-103/) - The FAA today published its Final Rule and Disposition of Comments regarding SFAR 103 previously published on January 7, 2005. SFAR 103 established procedures and some standards by which an air traffic controller may request a waiver of the mandatory separation age. The Final Rule confirms that SFAR No. 103 remains in effect as adopted
- [NTSB Affirms Suspension Of Flight Instructor Certificate For Failure To Sign Logbook](https://shackelford.law/news-aviation/ntsb-affirms-suspension-of-flight-instructor-certificate-for-failure-to-sign-logbook/) - The NTSB recently affirmed a 60 day suspension of a CFI’s flight instructor certificate for failing to sign a student’s logbook after the student completed ground and flight training with the CFI. In Administrator v. Luyten, the FAA alleged that the CFI provided ground training on four separate occasions and flight training on three separate
- [FAA Issues Safety Alert For Operators Order](https://shackelford.law/news-aviation/faa-issues-safety-alert-for-operators-order/) - The FAA today published a Notice of availability regarding its issuance of Safety Alerts For Operators (“SAFO’s”) pursuant to Order 8000.87 Safety Alert For Operators. According to the FAA, a SAFO allows the FAA “to reclaim valuable guidance found in discontinued Air Carrier Operations Bulletins (ACOB)” and a SAFO “may also contain new and important
- [NTSB Rejects Privacy Act Defense And Affirms Operation Safe Pilot Revocation](https://shackelford.law/news-aviation/ntsb-rejects-privacy-act-defense-and-affirms-operation-safe-pilot-revocation/) - In what I believe to be the first case to receive a formal ruling, the NTSB has affirmed the FAA’s revocation of an airman’s medical and airman certificates following his arrest during the Operation Safe Pilot investigation. As you may recall, Operation Safe Pilot involved an 18 month investigation by the FAA and the California
- [FAA To Issue Permanent Aircraft Dealer Registration Certificate Numbers](https://shackelford.law/news-aviation/faa-to-issue-permanent-aircraft-dealer-registration-certificate-numbers/) - According to a Notice published today, effective May 1, 2006, the FAA will begin assigning permanent Dealer’s Aircraft Registration Certificate numbers to manufacturers and dealers who currently hold an unexpired dealer’s certificate and any new issuances. In order to facilitate the Dealer Certificate program and to link all aircraft currently registered under a dealer’s certificate
- [FAA Issues Guidance For Pilot Records Improvement Act Compliance](https://shackelford.law/news-aviation/faa-issues-guidance-for-pilot-records-improvement-act-compliance/) - Effective March 14, 2006, the FAA has issued further guidance to its principal operations inspectors (“POIs”) for inspections and enforcement of employers’ compliance with the Pilot Records Improvement Act (“PRIA”). As you may know, PRIA was enacted in response to a number of airline accidents involving pilots who had prior safety or training violations. PRIA
- [Part 125 Letters Of Deviation Authority To Disappear?](https://shackelford.law/news-aviation/part-125-letters-of-deviation-authority-to-disappear/) - According to the NBAA, the FAA is in the process of substantially changing its policies regarding business aircraft configured for 6,000 lbs. payload capacity and/or 20 or more passenger seats that are technically governed by FAR Part 125. In the past, most businesses operating “Part 125-size” aircraft operated under letters of deviation authority (“LODAs”) issued
- [FAA Publishes Reminder Of Availability Of Draft Documents For Public Comment](https://shackelford.law/news-aviation/faa-publishes-reminder-of-availability-of-draft-documents-for-public-comment/) - The FAA today published a Notice of Availability reminding the public that the Aircraft Certification Service has draft advisory circulars, policy documents and technical standards orders available on the FAA’s website for public comment. Since the FAA does not publish an individual Federal Register Notice for each document it makes available for public comment, the
- [Pattern Of Regulatory Non-Compliance Justifies Denial Of Stale-Complaint Motion](https://shackelford.law/news-aviation/pattern-of-regulatory-non-compliance-justifies-denial-of-stale-complaint-motion/) - A recent FAA enforcement action against a Part 135 air carrier demonstrates the unavailability of a stale-complaint defense when the allegations against the air carrier disclose a pattern of regulatory non-compliance. In Administrator v. Aero Leasing, Inc., the FAA initiated emergency proceedings against Aero Leasing to revoke its Part 135 air carrier certificate for lack
- [FAA Extends Compliance Date For Antidrug And Alcohol Misuse Prevention Programs](https://shackelford.law/news-aviation/faa-extends-compliance-date-for-antidrug-and-alcohol-misuse-prevention-programs/) - The FAA today published an Amendment to its Final Rule regarding Antidrug and Alcohol Misuse Prevention Programs for Personnel engaged in certain activities. The FAA is delaying the compliance date for the Final Rule until October 10, 2006. The Final Rule published previously clarified the FAA’s position that contractors, including subcontractors at any tier, must
- [Aircraft Mechanic Sentenced For Improper Engine Overhauls](https://shackelford.law/news-aviation/aircraft-mechanic-sentenced-for-improper-engine-overhauls/) - According to a Post on the FAA Office of Inspector General’s website, an Oklahoma aircraft mechanic was sentenced to 90 days house arrest, 5 years probation and fined $57,500.00 for his role in concealing and making false statements in connection with repairs to Lycoming engines using unapproved parts. When the FAA inspected the engines, some
- [Does An Aircraft Mechanic's CGL Policy Cover Aircraft Pre-Purchase Inspections?](https://shackelford.law/news-aviation/does-an-aircraft-mechanics-cgl-policy-cover-aircraft-pre-purchase-inspections/) - If an aircraft mechanic performs a pre-purchase inspection on an aircraft and he or she fails to notice the defective condition of one of the aircraft’s components, will the mechanic’s insurance protect him or her if the aircraft owner later asserts a claim against the mechanic? Well, it will likely depend upon whether the defective
- [FAA Issues Final Rule Revising Civil Penalty Inflation Adjustment Rule And Tables](https://shackelford.law/news-aviation/faa-issues-final-rule-revising-civil-penalty-inflation-adjustment-rule-and-tables/) - The FAA today published a Final Rule containing revisions to the civil penalty inflation adjustment rule and tables regarding certain civil monetary penalties authorized for violations of statutes and regulations enforced by the FAA. The final rule makes a variety of changes to 14 CFR part 13, subpart H, which describes the civil penalty inflation
- [FAA Revokes Air Carrier's Part 135 Certificate](https://shackelford.law/news-aviation/faa-revokes-air-carriers-part-135-certificate/) - In a Press Release issued last Friday, the FAA announced its revocation of American Air Network’s Part 135 air carrier certificate. If you recall from my May 4, 2006 post, the Administrator previously affirmed a $7,000.00 civil penalty against the air carrier for operating a charter flight with a second-in-command pilot whose 2nd class medical
- [FAA Seeks Comments Regarding On-Demand Flight Time And Rest Period Rules](https://shackelford.law/news-aviation/faa-seeks-comments-regarding-on-demand-flight-time-and-rest-period-rules/) - The FAA today published a Request For Public Comments regarding the flight time and rest period rules contained in FAR’s 135.263(d) and 135.267(b), (d) and (e) in response to several questions it has received for interpretation of these regulations. Although the FAA has previously issued interpretations on some, but no all, of the questions raised
- [Tips For Renting Your Aircraft](https://shackelford.law/news-aviation/tips-for-renting-your-aircraft-3/) - According to a May 8, 2006 Memorandum, the Department of Transportation Inspector General will audit the FAA’s conversion of flight service stations to contract operations beginning this month. The IG will be assessing “whether FAA has implemented effective plans and controls to (1) transition flight service stations to contract operations, (2) achieve anticipated savings, and
- [Florida Court of Appeals Allows Argentinian Aircraft Owner's Breach Of Contract Action Against Signature Flight Support.](https://shackelford.law/news-aviation/florida-court-of-appeals-allows-argentinian-aircraft-owners-breach-of-contract-action-against-signature-flight-support/) - The Fourth District Court of Appeals in Florida has reversed a circuit court’s dismissal of an Argentinian aircraft owner’s breach of contract action against Signature Flight Support. In Medical Jet v. Signature Flight Support-Palm Beach, Medical Jet alleged that Signature had represented that it could work on the Argentinian aircraft owner’s aircraft and that it
- [Administrator Upholds $7,000.00 Civil Penalty Against Part 135 Air Carrier](https://shackelford.law/news-aviation/administrator-upholds-7000-00-civil-penalty-against-part-135-air-carrier/) - In In the Matter of: American Air Network, Inc. the FAA administrator has upheld an administrative law judge’s assessment of a $7,000.00 civil penalty against a Part 135 air carrier for violating FAR 135.95(a). The FAA alleged that the air carrier operated a flight with a second-in-command pilot whose second-class medical certificate was expired and
- [Causal Connection Between Insurance Policy Exclusion And Loss Not Required In Nevada](https://shackelford.law/news-aviation/causal-connection-between-insurance-policy-exclusion-and-loss-not-required-in-nevada/) - You can add Nevada to the the growing majority of states that do not require a causal connection between an insurance policy exclusion and a loss in order for an insurer to deny coverage. In Griffin v. Old Republic Ins. Co., Griffin was injured when an aircraft piloted by Kevin Jensen crashed into Griffn’s backyard.
- [FAA Issues Final Rule Regarding Disqualification For Airman And Airman Medical Certificate Holders Based on Alcohol Violations or Refusals To Submit to Drug and Alcohol Testing](https://shackelford.law/news-aviation/faa-issues-final-rule-regarding-disqualification-for-airman-and-airman-medical-certificate-holders-based-on-alcohol-violations-or-refusals-to-submit-to-drug-and-alcohol-testing/) - The FAA today published its Final Rule on Disqualification For Airman And Airman Medical Certificate Holders Based on Alcohol Violations or Refusals To Submit to Drug and Alcohol Testing. The Final Rule: (1) changes the airman medical certification standards to disqualify an airman based on an alcohol test result of 0.04 or greater breath alcohol
- [Evidentiary Questions Must Amount To Prejudicial Error To Justify Reversal](https://shackelford.law/news-aviation/evidentiary-questions-must-amount-to-prejudicial-error-to-justify-reversal/) - A recent NTSB case discusses the standard of review utilized by the Board in analyzing appeals based upon alleged evidentiary errors. Administrator v. Nadal arose out of a runway incursion at LAX in which the airman failed to obey an ATC “hold-short” instruction and forced another aircraft to go around when he subsequently crossed runway
- [Dismissal Of Emergency Revocation Is Reversed When ALJ Confuses "Intentional False Statement" With "Fraudulent Statement"](https://shackelford.law/news-aviation/dismissal-of-emergency-revocation-is-reversed-when-alj-confuses-intentional-false-statement-with-fraudulent-statement/) - In a recent case, Administrator v. McGonegal, the NTSB reversed Judge Fowler’s dismissal of an emergency revocation of the airman’s airline transport and medical certificates. The FAA alleged that the airman had falsified 14 applications for medical certificate in violation of FAR 67.403(a)(1) by failing to disclose required information regarding the airman’s conviction for “Refusal
- [NTSB Reverses EAJA Attorney's Fees Award](https://shackelford.law/news-aviation/ntsb-reverses-eaja-attorneys-fees-award/) - The NTSB recently granted an FAA appeal in Application of Raymond L. Keith and reversed an administrative law judge’s award of attorney’s fees under the Equal Access to Justice Act (“EAJA”). In the underlying certificate action upon which the EAJA application was based, the FAA had alleged a number of FAR violations based upon the
- [NTSB Affirms Denial Of Medical To Airman Suffering From Dysthemia](https://shackelford.law/news-aviation/ntsb-affirms-denial-of-medical-to-airman-suffering-from-dysthemia/) - The NTSB recently affirmed the FAA’s denial of an airman’s application for thirdclass medical certificate based upon the airman’s suffering from Dysthemia (a low grade depressive disorder). In Petition of Scott J. Pias, the airman was diagnosed with Dysthemia and treated with a number of medications over a period of time. During this time period,
- [FAA Releases Turbojet Aircraft Airport Obstacle Analysis Advisory Circular](https://shackelford.law/news-aviation/faa-releases-turbojet-aircraft-airport-obstacle-analysis-advisory-circular/) - The FAA has released AC 120-91 Airport Obstacle Analysis which provides “acceptable methods and guidelines for developing takeoff and initial climb-out airport obstacle analyses and in-flight procedures to comply with the intent of the regulatory requirements of FAR §§ 121.177, 121.189, and §§ 135.367, 135.379, and 135.398 and other associated one-engine-inoperative requirements relating to turbine
- [Although Failure To Follow A Manufacturer's Manual, Even If The Manual Is Wrong, Is Still A Technical FAR Violation, It Isn't Necessarily Grounds For Revocation](https://shackelford.law/news-aviation/although-failure-to-follow-a-manufacturers-manual-even-if-the-manual-is-wrong-is-still-a-technical-far-violation-it-isnt-necessarily-grounds-for-revocation/) - The NTSB recently affirmed a six month suspension of a repair station’s certificate for FAR violations, one of which was the repair station’s alleged failure to follow a manufacturer’s service instructions. In Administrator v. Millenium Propeller Systems, Inc. the FAA was seeking revocation of Millenium’s air agency certificate, which included propeller, limited-specialized service, and limited
- [FAA Issues Advance Notice Of Policy Regarding Turbojet Operations](https://shackelford.law/news-aviation/faa-issues-advance-notice-of-policy-regarding-turbojet-operations/) - The FAA today issued an Announcement of Policy for Landing Performance Assessments After Departure for All Turbojet Operators for use in establishing “methods of ensuring that sufficient landing distance exists for safely making a full stop landing with an acceptable safety margin, on the runway to be used, in the conditions existing at the time
- [1st Circuit Affirms Application Of Economic Loss Doctrine Under Puerto Rican Law](https://shackelford.law/news-aviation/1st-circuit-affirms-application-of-economic-loss-doctrine-under-puerto-rican-law/) - In Isla Nena Air Services v. Cessna Aircraft Company et al., a pilot for the plaintiff, Isla Nena, was operating a C-208B Caravan along the northeast coast of Puerto Rico in clear weather when the engine failed and the Caravan lost power. Although the pilot was able to perform a controlled emergency water landing just
- [FAA Continues On Its "Operational Control" Rampage](https://shackelford.law/news-aviation/faa-continues-on-its-operational-control-rampage/) - The fallout from the Darby case continues as the FAA today issued a Press Releaseindicating that it has revoked an air carrier’s certificate for failing to exercise operational control and assessed a civil penalty against an air ambulance company for improperly exercising operational control. According to the FAA, American Flight Group allowed other operators to
- [Untimely Filing Of Appeal By Airman Not Evaluated On Prejudice Standard](https://shackelford.law/news-aviation/untimely-filing-of-appeal-by-airman-not-evaluated-on-prejudice-standard/) - In Administrator v. Walkowicz the NTSB granted the FAA’s motion to dismiss the airman’s untimely appeal of an administrative law judge’s written initial decision. In response to the FAA’s motion, the airman’s counsel argued that the untimely filing was due to “clerical error” and that the FAA was not prejudiced by the late filing. The
- [Volunteer Pilot Organization Protection Act of 2006 Passes House](https://shackelford.law/news-aviation/volunteer-pilot-organization-protection-act-of-2006-passes-house/) - The Volunteer Pilot Organization Protection Act of 2006 has passed the House and will be taken up by the Senate. H.R. 1871 EH, as passed by the House, would grant a liability shield to “good Samaritan” pilots who fly public benefit missions, such as transporting patients or donated organs, and to the charitable organizations for
- [Is "Careless" Different From "Reckless" Under FAR 91.13(a)?](https://shackelford.law/news-aviation/is-careless-different-from-reckless-under-far-91-13a/) - In a footnote to a recent decision, the NTSB partially addresses a distinction that can be made between “careless” and “reckless” under FAR 91.13. The case, Administrator v. Hatch, involved allegations by the FAA that an airman had operated an aircraft when it was unairworthy and that his operation of the aircraft under the circumstances
- [NTSB Affirms Dismissal Of Untimely Appeal](https://shackelford.law/news-aviation/ntsb-affirms-dismissal-of-untimely-appeal/) - In yet another case in a long string of cases, the NTSB has affirmed an administrative law judge’s dismissal of an airman’s untimely appeal of an FAA order of suspension. In Administrator v. Sepulveda, the FAA sent a Notice of Proposed Certificate Action (“NPCA”) to the airman proposing to suspend the airman’s certificate. The airman
- [You Never Know When The FAA May Be Watching](https://shackelford.law/news-aviation/you-never-know-when-the-faa-may-be-watching/) - A recent NTSB case reveals an FAA enforcement action against an airman that resulted from an FAA air safety investigator’s chance drive past an airport at the time the airman was landing. In Administrator v. Schwandt the inspector was driving by an airport and observed the airman make a 60° pitch approach and then pull
- [FAA Proposes Special Awareness Training for the Washington, DC Metropolitan Area](https://shackelford.law/news-aviation/faa-proposes-special-awareness-training-for-the-washington-dc-metropolitan-area/) - The FAA today published a Notice of Proposed Rulemaking proposing that VFR pilots operating within 100 nautical miles of the Washington, DC VHF omni-directional range/ distance measuring equipment (DCA VOR/DME) be required to obtain special awareness training. According to the FAA, the NPRM is intended “to reduce the number of unauthorized flights into the airspace
- [FAA Issues Bulletin Allowing "nine or less" Part 135 Operators To Self-Issue Ferry Permits](https://shackelford.law/news-aviation/faa-issues-bulletin-allowing-nine-or-less-part-135-operators-to-self-issue-ferry-permits/) - On August 14, 2006, a Flight Standards Handbook Bulletin for Airworthiness (HBAW) was issued August 14 providing a means for Part 135 “nine-or-less” operators to issue their own Special Flight (ferry) permits. “Nine or less operators” are those who maintain and inspect their airplanes in accordance with FAR 135.411(a)(1). Prior to the issuance of HBAW
- [FAA Changes Policy On Distribution of AD's and SAIB's](https://shackelford.law/news-aviation/faa-changes-policy-on-distribution-of-ads-and-saibs/) - According to a Notice of Policy Change published today, the FAA will be limiting its distribution of airworthiness directives and special airworthiness information bulletins via U.S. Mail. The policy change is part of the FAA’s transition to “full electronic distribution of AD’s and SAIB’s.” Under the new policy: (1) the FAA will no longer mail
- [FAA Extends NBAA Small Aircraft Exemption](https://shackelford.law/news-aviation/faa-extends-nbaa-small-aircraft-exemption-2/) - The FAA has once again extended the National Business Aviation Association’s (NBAA) Exemption 7897, as amended. The NBAA’s Small Aircraft Exemption, as it is called by NBAA, has been in existence since 1994. The exemption allows NBAA Members to operate small civil airplanes and helicopters of U.S. registry under the operating rules of 14 CFR
- [Untimeliness Is Fatal To Appeals In Civil Penalty Actions](https://shackelford.law/news-aviation/untimeliness-is-fatal-to-appeals-in-civil-penalty-actions/) - In the past, I have discussed the fatal effect of untimely appeals in the FAA certificate action context. A recent series of decisions reveals that failure to timely appeal a decision or file an appeal brief is also fatal to appeals in FAA civil penalty actions. Under 14 CFR 13.233, an appeal must be filed
- [Passport To Be Required For Passengers Flying Into The U.S. From Canada, Mexico And Bermuda](https://shackelford.law/news-aviation/passport-to-be-required-for-passengers-flying-into-the-u-s-from-canada-mexico-and-bermuda/) - According to a Notice of Proposed Rulemaking published today, the Bureau of Customs and Border Protection is proposing to require that United States citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico entering the United States at air ports-of-entry and most sea ports-of-entry present a valid passport for entry into the U.S. The NPRM would
- [Fallout From Operation Safe Pilot Continues](https://shackelford.law/news-aviation/fallout-from-operation-safe-pilot-continues/) - As predicted back in August of 2005, the investigation of pilots performed during Operation Safe Pilot has spread to other areas of the country. This information came to light after a Department of Transportation Office of Inspector General’s laptop computer was stolen. The stolen laptop contained personal identification information (names, addresses, social security numbers and
- [NTSB Issues Part 135 Safety Recommendations](https://shackelford.law/news-aviation/ntsb-issues-part-135-safety-recommendations/) - The NTSB today issued two safety recommendations relating to Part 135 operations. The recommendations contained in A-06-42 and A-06-43 arose out of the investigation into the Challenger accident in Montrose, CO on November 28, 2004 in which the aircraft crashed during its attempted take-off in snowy conditions. A-06-42 actually contains two separate recommendations. A-06-42’s first
- [Compliance With Deadlines In NTSB Appeals Is Critical](https://shackelford.law/news-aviation/compliance-with-deadlines-in-ntsb-appeals-is-critical/) - Airmen, and sometimes their counsel, continue to suffer from the National Transportation Board’s (NTSB’s) strict application of its timing requirements for filing appeals. Appeals are routinely dismissed when the airman does not file his or her appeal, notice of appeal or appeal brief when it is due according to the NTSB rules of practice. For
- [FAA Changes Policy On LOA Renewals](https://shackelford.law/news-aviation/faa-changes-policy-on-loa-renewals/) - If you are a FAR Part 91 operator and you have been renewing your FAA letters of authorization (LOAs) permitting operations in special areas of operation (SAO) airspace (e.g. RVSM, NAT MNPS and RNP-10) you will no longer need to do so once you have obtained a LOA using LOA template B046 through the FAA
- [History Of Psychosis And Bipolar Disorder Disqualify Airman From Receiving Medical Certificate](https://shackelford.law/news-aviation/history-of-psychosis-and-bipolar-disorder-disqualify-airman-from-receiving-medical-certificate/) - The NTSB recently issued a decision holding that an airman with a history of psychosis and bipolar disorder is disqualified from holding a medical certificate even if the airman is no longer suffering from the maladies at the time of the medical exam. In Petition of Sean Allen Lenser, the airman applied for a third-class
- [Wisconsin Student Pilot Pleads Guilty To Submitting A False Statement](https://shackelford.law/news-aviation/wisconsin-student-pilot-pleads-guilty-to-submitting-a-false-statement/) - According to a post on the FAA’s Office of Inspector General’s website here, on August 31, 2006 a student pilot in Wisconsin plead guilty to charges of submitting a fraudulent statement on a FAA application for an airman medical and student pilot certificate in August 2001. Apparently the student pilot had an extensive criminal history
- [DOT Releases SIFL Rates For Last 6 Months Of 2006](https://shackelford.law/news-aviation/dot-releases-sifl-rates-for-last-6-months-of-2006/) - The U.S. Department of Transportation has released the Standard Industry Fare Level (SIFL) rates for the six-month period from July 1, 2006, to December 31, 2006. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [A Question Regarding Aircraft Sales and Use Tax](https://shackelford.law/news-aviation/a-question-regarding-aircraft-sales-and-use-tax/) - I was recently asked a question regarding the payment of sales tax on an aircraft. The scenario presented was this: A Minnesota resident receives an aircraft as a gift from an out of state relative and then the Minnesota resident bases and registers the aircraft in Wisconsin. Does the Minnesota resident pay tax on the
- [Recovering Fees Under The Equal Access To Justice Act](https://shackelford.law/news-aviation/recovering-fees-under-the-equal-access-to-justice-act/) - If you have to defend yourself against the FAA in an enforcement action or civil penalty action, and then you win, do you have any recourse against the FAA? Well, if you qualify under the Equal Access to Justice Act (“EAJA”) you may be able to make the FAA pay for the attorney’s fees and
- [FAA Issues Final Rule Governing Flight Simulation Training Devices (FTSDs)](https://shackelford.law/news-aviation/faa-issues-final-rule-governing-flight-simulation-training-devices-ftsds/) - On Monday the FAA will publish its Final Rule titled “Flight Simulation Training Device Initial and Continuing Qualification and Use”. The Final Rule consolidates and updates flight simulation training device (FTSD) requirements that currently exist in different parts of the FARs and advisory circulars into a new part (FAR Part 60) to set forth qualification
- [NASA/ASRS Form Can Now Be Submitted Online](https://shackelford.law/news-aviation/nasa-asrs-form-can-now-be-submitted-online/) - The Aviation Safety Reporting System form (also somewhat inappropriately referred to as the “NASA form” since NASA is only the administrator of the ASRS program) that pilots are encouraged to submit when they have been involved in an accident/incident or other situation involving aviation safety or security, can now be submitted electronically through the internet.
- [TSA Extends Compliance Dates For Air Cargo Security Requirements Final Rule](https://shackelford.law/news-aviation/tsa-extends-compliance-dates-for-air-cargo-security-requirements-final-rule/) - In an Interim Final Rule published today and effective October 23, 2006, the TSA has extended the compliance dates by which time certain requirements must be completed. The requirements for which the TSA is extending the compliance dates are: “That aircraft operators, foreign air carriers, and indirect air carriers (IACs) ensure that their employees and
- [FAA Requests Comments On Amending Age 60 Rule](https://shackelford.law/news-aviation/faa-requests-comments-on-amending-age-60-rule/) - The FAA today published a Request for Comments on the issue of whether the US should amend FAR 121.383(c) (the Age 60 Rule) to increase the upper age limit for airline pilots up to age 65 provided another crewmember pilot is under age 60. The FAA’s inquiry corresponds with the International Civil Aviation Organization’s (ICAO)
- [11th Circuit Rejects Airman's Statute Of Limitations Defense](https://shackelford.law/news-aviation/11th-circuit-rejects-airmans-statute-of-limitations-defense/) - In a recent unpublished opinion, the 11th Circuit has rejected an airman’s claim that the FAA’s revocation of his airline transport pilot certificate was time barred by 28 U.S.C. 2462. The case, Coghlan v. NTSB, arose when the FAA revoked the airman’s ATP certificate based upon its belief that the airman had intentionally falsified an
- [Send Your FAA Form 337's To Oklahoma City](https://shackelford.law/news-aviation/send-your-faa-form-337s-to-oklahoma-city/) - According to an Amendment to FAR Part 43, effective November 3, 2006, maintenance providers will be required to send FAA Form 337, Major Repair and Alteration, to the FAA Aircraft Registration Branch in Oklahoma City, Oklahoma within 48 hours of returning an aircraft, airframe etc. to service after completing a major repair or alteration, rather
- ["Extraordinary Circumstances" Required For Untimely Filing Of Petition For Reconsideration](https://shackelford.law/news-aviation/extraordinary-circumstances-required-for-untimely-filing-of-petition-for-reconsideration/) - The NTSB recently dismissed an airman’s untimely petition for reconsideration based upon the absence of extraordinary circumstances that would otherwise excuse the untimely filing. In Adminstrator v. Nadal, following an ALJ’s order affirming a 60 day suspension of the airman’s ATP certificate, the airman filed a “Notice of Intent to Submit Petition for Rehearing, Reargument,
- [Public Charter v. Private Charter](https://shackelford.law/news-aviation/public-charter-v-private-charter/) - When is a charter a “public charter” as opposed to a “private charter”? According to 49 CFR 1540.5, “Private charter means any aircraft operator flight (1) For which the charterer engages the total passenger capacity of the aircraft for the carriage of passengers; the passengers are invited by the charterer; the cost of the flight
- [Aircraft With Retractable Landing Gear, Flaps And FADEC Meet Definition Of Complex Aircraft](https://shackelford.law/news-aviation/aircraft-with-retractable-landing-gear-flaps-and-fadec-meet-definition-of-complex-aircraft/) - According to Notice N8000.331, which is available for review here and should also soon be available on the FAA’s website here, “airplanes equipped with retractable landing gear, flaps, and a full authority digital engine control (FADEC) meet the definition of being a complex airplane and may be used for commercial pilot and flight instructor certification.”
- [UCC 9-616 Transfer Statements Are Acceptable For Recording With The FAA](https://shackelford.law/news-aviation/ucc-9-616-transfer-statements-are-acceptable-for-recording-with-the-faa/) - In a Notice published today, the FAA Chief Counsel stated that the FAA will now accept transfer statements that are executed under the Section 9-619 of the Uniform Commercial Code, as adopted by the various states, for filing with the FAA Aircraft Registry. The Notice is in response to a request for the FAA to
- [IRS Issues Revenue Ruling On Per-Diem Expense Reimbursements Paid By Employers](https://shackelford.law/news-aviation/irs-issues-revenue-ruling-on-per-diem-expense-reimbursements-paid-by-employers/) - The IRS recently issued Revenue Ruling 2006-56 providing guidance regarding an employer’s obligation to track the amount of per-diem expense reimbursements paid to their employees. Although this Revenue Ruling is not directly aviation related, it is applicable to flight crews, or any other employee engaged in business travel, and their employers. Usually when an employer
- [Appeal Of Felony Drug Conviction Does Not Delay Revocation](https://shackelford.law/news-aviation/appeal-of-felony-drug-conviction-does-not-delay-revocation/) - The NTSB recently rejected an airman’s argument that a revocation of his airman’s certificate should be vacated because his appeal of the conviction upon which the revocation was based was pending and not yet decided. In Administrator v. Schlieve, the airman was convicted in Federal court of several drug-related felonies and sentenced to serve 160
- [Failure To Respond To FAA Discovery Requests Results In Summary Judgment Against Airman](https://shackelford.law/news-aviation/failure-to-respond-to-faa-discovery-requests-results-in-summary-judgment-against-airman/) - The NTSB recently affirmed an ALJ’s entry of summary judgment against an airman based upon allegations that were deemed admitted by the airman’s failure to provide substantive responses to the FAA’s requests for admissions regarding those allegations. In Administrator v. Zink, the airman was charged with violating FARs 91.7(a)(aircraft must be airworthy) and 91.407(a)(2)(altered aircraft’s
- [NTSB Issues Safety Recommendations Regarding FAA Enforcement of Part 135 Operators' Exercise Of Operational Control](https://shackelford.law/news-aviation/ntsb-issues-safety-recommendations-regarding-faa-enforcement-of-part-135-operators-exercise-of-operational-control/) - Yesterday the NTSB issued Safety Recommendation A-06-66-69 regarding the FAA’s oversight of Part 135 operators to ensure that on-demand charter operators are properly exercising their operational control. These recommendations arise out of the NTSB’s investigation into the Challenger 600 overrun at Teterboro in February of 2005 and its determination that the certificate holder’s failure to
- [Airman's Intentional Creation Of Collision Hazard Results In Revocation](https://shackelford.law/news-aviation/airmans-intentional-creation-of-collision-hazard-results-in-revocation/) - The NTSB recently affirmed the revocation of an airman’s certificates after an ALJ found that the airman had violated FARs 91.13(a)(careless and reckless) and 91.111(a)(operating an aircraft so close to another aircraft as to create a collision hazard). In Administrator v. Schaffer, the FAA issued an emergency revocation of the airman’s certificates alleging that the
- [FAA Maintains Percentage Rates For Random Drug And Alcohol Testing Of Safety-Sensitive Employees](https://shackelford.law/news-aviation/faa-maintains-percentage-rates-for-random-drug-and-alcohol-testing-of-safety-sensitive-employees-5/) - In a Notice published today, the FAA stated “that the minimum random drug and alcohol testing percentage rates for the period January 1, 2007, through December 31, 2007, will remain at 25 percent of safety-sensitive employees for random drug testing and 10 percent of safety-sensitive employees for random alcohol testing.” Since the reported random drug
- [Emergency Defense To ATC Clearance Deviation Requires Explanation And Substantiation](https://shackelford.law/news-aviation/emergency-defense-to-atc-clearance-deviation-requires-explanation-and-substantiation/) - The case of Administrator v. Lakhram was recently issued and it reinforces the NTSB’s position that an airman’s claim of an in-flight emergency as a defense in an enforcement action must be supported by sufficient facts to persuade an administrative law judge that the emergency existed and excused the airman’s conduct. In this case, the
- [Inadvertant Or Passive Ingestion Of Drugs Is Not A Defense To A Positive Drug Test](https://shackelford.law/news-aviation/inadvertant-or-passive-ingestion-of-drugs-is-not-a-defense-to-a-positive-drug-test/) - In a recent NTSB opinion, the Board affirmed the FAA’s revocation of an airman’s ATP and First Class Medical certificates based upon a failed drug test. In Administrator v. Kalberg, the airman operated a flight on behalf of UPS to Anchorage, Alaska. Upon arrival, the airman was required to submit to a random drug test.
- [DOT Issues Air Charter Notice In Anticipation Of Bowl Games](https://shackelford.law/news-aviation/dot-issues-air-charter-notice-in-anticipation-of-bowl-games/) - The DOT today published a Notice titled “Requirements Regarding Flights to College Bowl Games and Other Special Events”. The Notice is intended to provide “guidance to colleges and other organizations wishing to arrange charter flights to football bowl games, NCAA basketball playoff games, or other special events” in the hope of avoiding situations where organizations
- [Operation Safe Pilot Obtains Another Conviction](https://shackelford.law/news-aviation/operation-safe-pilot-obtains-another-conviction/) - According to a Post on the DOT OIG’s website, the Operation Safe Pilot investigation has resulted in an other conviction. The investigation revealed that a student helicopter pilot had failed to disclose on his medical application that he had been diagnosed with certain mental disorders and a substance dependency (both disqualifying medical conditions) and he
- [DOT OIG Announces Audit Of Users Of ATC System](https://shackelford.law/news-aviation/dot-oig-announces-audit-of-users-of-atc-system/) - As you may be aware, the FAA has been discussing its desire to impose “user fees” on users of the ATC system to help fund the National Airspace System (“NAS”) and make up for an alleged “gap” in the funding for the NAS. In response, the Chairman of the Aviation Subcommittee authorized the DOT office
- [FAA Safety Manager Pleads Guilty To False Statement On FAA Application](https://shackelford.law/news-aviation/tips-for-renting-your-aircraft-2/) - According to a post on the DOT’s Office of Inspector General website, an aviation safety program manager in the FAA’s Spokane, WA FSDO plead guilty on November 27 to the charge of making a false statement on his 2004 airman medical application. Apparently the manager failed to disclose a doctor’s visit on his medical application
- [FAA Publishes Final Rule Amending Its Rules Of Practice In FAA Civil Penalty Actions](https://shackelford.law/news-aviation/faa-publishes-final-rule-amending-its-rules-of-practice-in-faa-civil-penalty-actions/) - The FAA today published a Final Rule containing technical amendments to its rules of practice in civil penalty actions. According to the FAA, the changes are “necessary to update the regulations and to reflect statutory changes and “[t]he intended effect of these changes is to ensure that regulated parties have current and correct procedural information.”
- [FAA Publishes Repair Station Notice Of Proposed Rulemaking](https://shackelford.law/news-aviation/faa-publishes-repair-station-notice-of-proposed-rulemaking/) - The FAA today published a Notice of Proposed Rulemaking amending the regulations applicable to Part 145 repair stations. The NPRM (1) revises the system of ratings and requiring repair stations to establish a quality program; (2) requires a repair station to maintain a capability list, designate a chief inspector and have permanent housing for its
- [FAA To Propose Change To Age 60 Rule](https://shackelford.law/news-aviation/faa-to-propose-change-to-age-60-rule/) - In a Press Release issued today, the FAA announced that it will issue a formal Notice of Proposed Rulemaking (NPRM) later this year proposing to raise the mandatory retirement age for U.S. commercial pilots from 60 to 65. The proposal would adopt the new International Civil Aviation Organization (ICAO) standard that allows one pilot to
- [OpSpec A007 Amended To Require Disclosure Of E-Mail Address](https://shackelford.law/news-aviation/opspec-a007-amended-to-require-disclosure-of-e-mail-address/) - The FAA has issued Notice 8000.341 amending OpSpec A007 for FAR Parts 121, 125 (including operators issued a Letter of Deviation Authority (LODA 125)), 133, 137, 135; and 145 certificate holders and fractional ownership program managers operating under Part 91 subpart K. The Notice requires the disclosure in OpSpec A007 of a specific responsible person,
- [FAA Extends Inspection Authorization Renewal Period To Two Years](https://shackelford.law/news-aviation/faa-extends-inspection-authorization-renewal-period-to-two-years/) - In a Direct Final Rule published today, the FAA has extended the Inspection Authorization (“IA”) renewal period under FARs 65.92 and 65.93 from one year to two years. The FAA believes the final rule will reduce the renewal administrative costs for both the FAA and mechanics holding the IA by 50%. The final rule does
- [DOT Issues Advance Notice of Proposed Rulemaking Regarding Information To Be Given By Charter Operators To Customers](https://shackelford.law/news-aviation/dot-issues-advance-notice-of-proposed-rulemaking-regarding-information-to-be-given-by-charter-operators-to-customers/) - The DOT today issued an advance notice of proposed rulemaking (“ANPRM”) titled Consumer Information Regarding On-Demand Air Taxi Operations. The ANPRM seeks comment NTSB recommendations that Part 135 on-demand air taxi operators be required to advise their customers at the time they contract for a flight of: “(1) The name of the company with operational
- [Intentional Falsification On Application For Medical Certificate Justifies Revocation Of All Certificates](https://shackelford.law/news-aviation/intentional-falsification-on-application-for-medical-certificate-justifies-revocation-of-all-certificates/) - A recent case has affirmed the NTSB’s longstanding position that an airman’s intentional falsification of an application for a medical certificate justifies revocation of all of an airman’s certificates. In Administrator v. Croston, the airman completed a application for a first class medical certificate and, in response to Question 18(v)(whether the airman “ever in [his]
- [Air Carriers Now Need Approval From Washington For Addition Of Turbine Aircraft To Certificate](https://shackelford.law/news-aviation/air-carriers-now-need-approval-from-washington-for-addition-of-turbine-aircraft-to-certificate/) - According to recently issued Notice 8000.343, Part 135 operators seeking to add turbine aircraft to their certificates or to add any aircraft (regardless of type of powerplant) for use in air ambulance service will now need the approval of the FAA’s Air Transportation Division (AFS-200) in Washington, D.C. Turbine-powered airplanes include turbopropeller, turbojet, and turbofan
- [FAA Issues NPRM Requiring Conversion To Plastic Airmen Certificates](https://shackelford.law/news-aviation/faa-issues-nprm-requiring-conversion-to-plastic-airmen-certificates/) - The FAA today issued a Notice of Proposed Rulemaking (“NPRM”) that proposes changes to the airmen certification and aircraft registration rules. Under the NPRM, two years after a final rule becomes effective, an airman would no longer be able to exercise piloting privileges using a paper pilot certificate. Five years after a final rule becomes
- [FAA Issues Final Operational Control Notice](https://shackelford.law/news-aviation/faa-issues-final-operational-control-notice/) - On December 28, 2006, the FAA issued the long awaited Notice 8000.347, Operational Control: Revised Operations Specifications A008 and A002. The Notice sets forth the criteria and guidance that the FAA will be using to determine whether Part 135 operators are exercising operational control as required by the regulations. The Notice has received mixed reviews.
- [The 709 Request For Re-Examination](https://shackelford.law/news-aviation/the-709-request-for-re-examination/) - What happens if you are involved in an incident in which your aircraft is damaged, but no one is injured, other than perhaps you and your pride? For example, you forgot to put the landing gear down and you landed your aircraft with the gear up or you didn’t put in enough wind correction and
- [FAA Publishes Procedures For SIC Type Rating](https://shackelford.law/news-aviation/faa-publishes-procedures-for-sic-type-rating/) - The FAA has published Notice 8000.351 establishing procedures for obtaining an SIC type rating. The Notice explains the SIC type rating requirement and the application and certification procedures the FAA will follow in processing SIC type rating applications. It also includes a question and answer appendix about the SIC type rating. Questions regarding the Notice
- [National Air Tour Standards Final Rule Published By FAA](https://shackelford.law/news-aviation/national-air-tour-standards-final-rule-published-by-faa/) - On February 13, 2007, the FAA published its National Air Tour Standards Final Rule. The Final Rule sets “safety and oversight rules for a broad variety of sightseeing and commercial air tour flights” and standardizes requirements for air tour operators and consolidates air tour safety standards within FAR Part 136. The Final Rule establishes three
- [FAA Proposes Changes to FAR Parts 61, 91 and 141](https://shackelford.law/news-aviation/faa-proposes-changes-to-far-parts-61-91-and-141/) - The FAA today published a Notice of Proposed Rulemaking (“NPRM”) proposing over 200 changes to FAR Parts 61, 91 and 141 regarding Pilot, Flight Instructor and Flight School certification. According to the FAA, the “changes are needed to clarify, update, and correct our existing regulations” and “are intended to ensure that flight crewmembers have the
- [FAA Requesting Comments On FAR Part 125 Information Collection](https://shackelford.law/news-aviation/faa-requesting-comments-on-far-part-125-information-collection/) - According to a Notice and Request for Comments published today, the FAA is seeking Office of Management and Budget approval to continue its collection of information regarding compliance and applicant eligibility requirements of 14 CFR part 125 with respect to certain leased aircraft, Aviation Service Firms, and Air Travel Clubs. The FAA is seeking comments
- [Comment Period Open For Pilot Records Improvement Act Information Collection](https://shackelford.law/news-aviation/comment-period-open-for-pilot-records-improvement-act-information-collection/) - If you are an air carrier and you have any issues with the obligations imposed upon you by the Pilot Records Improvement Act of 1996(“PRIA”), now is your chance to submit comments to the FAA. The PRIA requires that air carriers obtain safety records of prospective employees from the FAA and from previous air carrier
- [Court Bars Aircraft Mechanic From Working In Aviation Industry](https://shackelford.law/news-aviation/court-bars-aircraft-mechanic-from-working-in-aviation-industry/) - According to a DOT Office of Inspector General report, an Alabama court recently sentenced an aircraft mechanic to 5 years probation and prohibited the mechanic from working in the aviation industry during that period of time. The sentence corresponded to the aircraft mechanic’s plea of guilty to charges of providing false information regarding his licensing
- [A Waterskiing Airplane?](https://shackelford.law/news-aviation/a-waterskiing-airplane/) - A recently released NTSB accident report discloses another “lucky to be alive” story. The August 27, 2006 accident involved an Aviat Husky that flipped over when it attempted to land. Apparently the emergency brake was set when the main landing gear touched down. However, the fact that the emergency brake was set at landing is
- [Aircraft Parts Supplier Receives 78 Month Prison Sentence For Selling Falsely Certified Aircraft Parts](https://shackelford.law/news-aviation/aircraft-parts-supplier-receives-78-month-prison-sentence-for-selling-falsely-certified-aircraft-parts/) - According to a report by the Dept. of Transportation Office of Inspector General, a Florida aircraft parts supplier was convicted of making materially fraudulent representations concerning the condition of aircraft parts he sold to the Department of Defense. At trial, the government presented evidence showing that between 2005 and 2006, the aircraft parts supplier purchased
- [4th Circuit Court Of Appeals Affirms Jury Verdict Against Aircraft Dealers](https://shackelford.law/news-aviation/4th-circuit-court-of-appeals-affirms-jury-verdict-against-aircraft-dealers/) - n Jet Source Charter, Inc. v. Doherty et al., the 4th Circuit Court of Appeals upheld a jury verdict finding that the aircraft dealers owed the plaintiff the duties of a fiduciary and that the aircraft dealers breached their fiduciary duty by providing the plaintiff with misleading information about the negotiated price of aircraft in
- [FAA Issues Guidance On Two Year Inspection Authorization](https://shackelford.law/news-aviation/faa-issues-guidance-on-two-year-inspection-authorization/) - The FAA has issued Order 8000.354 providing guidance to aviation inspectors for dealing with the increase in duration of the Inspection Authorization (“IA”) from one to two years. IA’s must now be renewed by March 31 during odd years (2009, 2011 etc.). With respect to the activity requirements listed in FAR 65.93 (1) through (5)
- [Timely Filing Of Appeals Continues To Be An Issue With NTSB](https://shackelford.law/news-aviation/timely-filing-of-appeals-continues-to-be-an-issue-with-ntsb/) - The issues of whether an appeal was filed in time or, if it wasn’t, whether good cause existed for the delay, continue to plague airman and perplex the Board. In fact, the Board recently remanded a case so that a more complete factual record could be developed in order for the Board to be able
- [Order Revoking Medical Certificate Negates Stay Of Order Suspending Airman Certificates](https://shackelford.law/news-aviation/order-revoking-medical-certificate-negates-stay-of-order-suspending-airman-certificates/) - A recent NTSB decision resulted in a paradoxical outcome for the airman. In Administrator v. Bennett the Board was faced with an airman’s request for a stay, pending appeal, of an ALJ’s order suspending his ATP certificate for 90 days, suspending all of his other airman certificates for 60 days and revoking his medical certificate.
- [FAA Changes Definition Of Certain Light Sport Aircraft](https://shackelford.law/news-aviation/faa-changes-definition-of-certain-light-sport-aircraft/) - In a direct final rule published today, the FAA is revising certain aspects of its definition of light sport aircraft. The changes expand the definition so that lighter-than-air aircraft with a 1,320-pound MTW limit will be considered light sport aircraft and a light sport aircraft intended for water operation may now have “retractable” landing gear
- [Airman's Pro Se Representation In Enforcement Action Results In 120 Day Suspension](https://shackelford.law/news-aviation/airmans-pro-se-representation-in-enforcement-action-results-in-120-day-suspension/) - In a classic example of why an airman should retain an aviation attorney to represent him or her in an FAA enforcement action, the NTSB recently affirmed a 120 suspension of a private pilot’s certificate after he represented himself (“pro se”) in the enforcement proceeding. In Administrator v. Danko, the FAA charged the private pilot
- [Submission To A Request For Re-Examination Precludes Later Claim That The Request Was Unjustified](https://shackelford.law/news-aviation/submission-to-a-request-for-re-examination-precludes-later-claim-that-the-request-was-unjustified/) - In a recent NTSB opinion, Administrator v. Vargas, the Board affirmed an ALJ’s entry of summary judgment affirming the FAA’s emergency revocation of the airman’s mechanic certificate. The case arose out of the FAA’s issuance of a request for re-examination regarding the airman’s mechanic certificate. After receiving the request, the airman submitted to the re-examination,
- [FAA Proposes To Extend Duration Of 1st And 3rd Class Medical Certificates For Airmen Under 40](https://shackelford.law/news-aviation/faa-proposes-to-extend-duration-of-1st-and-3rd-class-medical-certificates-for-airmen-under-40/) - The FAA today published a Notice of Proposed Rulemaking containing proposed revisions to 14 CFR Part 61 that would extend the duration of 1st and 3rd class medical certificates for airmen under 40 years of age. In addition to other technical amendments, the FAA proposes to amend 14 FAR 61.23(d) to extend the duration of
- [Pilot Is Charged With Negligent Homicide Arising Out Of Aircraft Accident](https://shackelford.law/news-aviation/pilot-is-charged-with-negligent-homicide-arising-out-of-aircraft-accident/) - According to a listing on the Wisconsin Circuit Court Access website, a private pilot in Wisconsin has been charged with negligent homicide under Wis. Stat. 940.10(1) for the death of a passenger when the pilot’s aircraft crashed after striking power lines. The NTSB factual report states that on August 28, 2004, the pilot was giving
- [FCC Ban On Cellular Telephone Use In Flight To Continue](https://shackelford.law/news-aviation/fcc-ban-on-cellular-telephone-use-in-flight-to-continue/) - The FCC yesterday released an Order terminating the proceeding in which it was considering relaxing 47 CFR 22.925’s ban on the use of cellular telephones on aircraft in flight. According to the Order, the FCC feels a decision on the matter would be premature at this time. The FCC’s decision is based upon: (1) the
- [FAA's Office Of Chief Counsel Issues Draft Letter Of Interpretation Regarding Known Icing Conditions](https://shackelford.law/news-aviation/faas-office-of-chief-counsel-issues-draft-letter-of-interpretation-regarding-known-icing-conditions/) - The FAA’s Office of Chief Counsel today published a Draft Letter of Interpretation regarding “known icing conditions”. The Letter is a response to an AOPA request that the Chief Counsel’s office rescind an earlier letter of interpretation issued by the Eastern Region that defined “known icing conditions” in a manner that could have the effect
- [Congressional Report Recommends Expansion Of Operation Safe Pilot Type Investigations](https://shackelford.law/news-aviation/congressional-report-recommends-expansion-of-operation-safe-pilot-type-investigations/) - In a Congressional Report prepared on behalf of MN Representative Oberstar, the Committee on Transportation and Infrastructure Oversight and Investigations Majority Staff recommends that the FAA exercise more oversight of the medical certification process to uncover more of the falsifications that were discovered during Operation Safe Pilot. The report summarizes Operation Safe Pilot’s cross-check of
- [ASRP Sanction Waiver Not Available For All Violations](https://shackelford.law/news-aviation/asrp-sanction-waiver-not-available-for-all-violations/) - Many airmen are familiar with the Aviation Safety Reporting Program (“ASRP”). Some view the ASRP as a “get out of jail free” card. Unfortunately, the program does have some limitations. If you would like more information on the ASRP and the circumstances under which sanction waiver is not available, you can read my latest article
- [Attorney's Incorrect Calendaring Of Appeal Brief Due Date Held To Be Good Cause In Civil Penalty Action](https://shackelford.law/news-aviation/attorneys-incorrect-calendaring-of-appeal-brief-due-date-held-to-be-good-cause-in-civil-penalty-action/) - In a surprising civil penalty case decision, In the Matter of: Air Solutions, LLC and Air Solutions Group, Inc., the Administrator granted an attorney’s “Emergency Motion for Extension of Time to File Reply Brief Out of Time” that was filed one day after the respondents’ reply brief was due. In this case, the FAA appealed
- [Illinois Appellate Court Affirms Dismissal Of Suit Against Lima Lima Pilots](https://shackelford.law/news-aviation/illinois-appellate-court-affirms-dismissal-of-suit-against-lima-lima-pilots/) - The Illinois Appellate Court affirmed a trial court’s dismissal of negligence claims based upon an exculpatory agreement in William C. Evans v. Lima Lima Flight Team et. al.. The underlying lawsuit was initiated following the death of Keith J. Evans which occurred as the result of an October 1, 1999 airplane crash during a practice
- [DeMinimus Breach Of Drug Testing Guidelines Does Not Automatically Invalidate Positive Test](https://shackelford.law/news-aviation/deminimus-breach-of-drug-testing-guidelines-does-not-automatically-invalidate-positive-test/) - The NTSB recently reviewed some of the procedural requirements of drug testing regulations in Administrator v. Flores. After testing positive for marijuana, the FAA issued an order revoking the airman’s first-class medical certificate pursuant to FARs 67.107(b)(2), 67.207(b)(2), and 67.307(b)(2). The airman appealed the order and, after a hearing, the ALJ found that the positive
- [EAJA Attorney's Fees Applicants Are Not Guaranteed Further Proceedings](https://shackelford.law/news-aviation/eaja-attorneys-fees-applicants-are-not-guaranteed-further-proceedings/) - An ALJ’s rejection of a request for further proceedings in connection with a application for attorney’s fees under the Equal Access to Justice Act (“EAJA”) was recently affirmed in Application of Downey and DeSantis. After successfully obtaining dismissal of the FAA’s charges against them in the underlying enforcement action, the airmen applied for an EAJA
- [Intentional Operation Of Aircraft Into IMC Negates Sanction Waiver Of Timely Filed ASRP Form](https://shackelford.law/news-aviation/intentional-operation-of-aircraft-into-imc-negates-sanction-waiver-of-timely-filed-asrp-form/) - Many airman are familiar with the Aviation Safety Reporting System. Under that program, if an airman files a program form (also somewhat inappropriately referred to as the “NASA form” since NASA is only the administrator of the ASRS program) within 10 days of an accident or incident, any sanction that may be imposed in a
- [Understanding Aircraft Leases](https://shackelford.law/news-aviation/understanding-aircraft-leases/) - If you own an aircraft, but are not fully utilizing the aircraft, how can you maximize your investment in the aircraft? What do you do if you cannot afford to own an aircraft, but you still want to fly? The solution for these two situations may be aircraft leasing. For more information on aircraft leasing,
- [NTSB Issues Safety Recommendations Regarding Evaluation Of Airmen With "Known" Or "Suspected" Substance Dependence](https://shackelford.law/news-aviation/ntsb-issues-safety-recommendations-regarding-evaluation-of-airmen-with-known-or-suspected-substance-dependence/) - The NTSB today issued Safety Recommendations A-07-41 through A-07-43 regarding information it believes should be provided to the FAA or used by the FAA in connection with evaluating whether an airman has a substance dependence. The recommendations are in response to a number of aircraft accident investigations in which the Board discovered that the FAA
- [NTSB Rejects Bias Defense In Airman's Appeal Of Suspension](https://shackelford.law/news-aviation/ntsb-rejects-bias-defense-in-airmans-appeal-of-suspension/) - In a recent NTSB decision, Administrator v. Nickl, the Board rejected an airman’s defense that ALJ Geraghty was biased. The underlying case arose out of a rotorcraft external load operation during which the FAA alleged the airman was carrying passengers. The FAA issued an order alleging violation of FAR 91.13(a) (careless and reckless) and proposed
- [Another Pilot Prosecuted And Convicted For Medical Application Omissions](https://shackelford.law/news-aviation/another-pilot-prosecuted-and-convicted-for-medical-application-omissions/) - According to a Report from the FAA’s Office of Inspector General, a Florida airman was recently convicted on charges of making false statements on his applications for his 2002 and 2004 airman’s medical certificates. Apparently the private pilot indicated on his medical application that he was not taking any prescription drugs when, in fact, he
- [NTSB Comments On FAA Practices On Service Of Orders](https://shackelford.law/news-aviation/ntsb-comments-on-faa-practices-on-service-of-orders/) - In a recent opinion, the NTSB repeated its suggestion that the FAA improve its practices and procedures relating to service of orders in enforcement matters. Administrator v. McKinneyinvolved an airman’s appeal of the NTSB’s dismissal of his appeal of an FAA order of suspension. The ALJ dismissed the appeal as untimely and without good cause
- [FAA Issues Revised Guidance On Operational Control](https://shackelford.law/news-aviation/faa-issues-revised-guidance-on-operational-control/) - On May 25, 2007 the FAA issued Notice 8900.4 Guidance for Operations Specifications A002 and A008: Operational Control. The Notice provides principal inspectors (PIs) with revised guidance to ensure standardized compliance with the operational control requirements of FAR Parts 119 and 135. The 37-page Notice addresses (1) Operational control; (2) Two tier operational control system;
- [FAA Establishes FSS Feedback Line](https://shackelford.law/news-aviation/faa-establishes-fss-feedback-line/) - According to a Fact Sheet released yesterday, The FAA has established a toll-free number for pilots to call to provide feedback regarding their experiences with the services they have received from the flight service stations operated by Lockheed Martin. According to the Fact Sheet, the feedback line is being established “to make sure flight service
- [FAA Approves Replacement Of Paper Charts With Electronic Charts For Part 91 Operations](https://shackelford.law/news-aviation/faa-approves-replacement-of-paper-charts-with-electronic-charts-for-part-91-operations/) - On July 20, 2007 the FAA issued Advisory Circular AC 91-78 providing Part 91 operators “with information for removal of paper aeronautical charts and other documentation from the cockpit through the use of either portable or installed cockpit displays (electronic flight bags (EFB)).” The AC applies to Part 91 operations including VFR and IFR flight,
- [DOT Clarifies Use Of Branded Materials By Charter Brokers On Part 135 Flights](https://shackelford.law/news-aviation/dot-clarifies-use-of-branded-materials-by-charter-brokers-on-part-135-flights/) - The U.S. Department of Transportation (DOT) issued a document “regarding the propriety of an air charter broker requesting or requiring an air carrier to distribute ‘crew cards’ and certain types of ‘branding materials’ (e.g., napkins,brochures, pad and pens) bearing the name or logo of the air charter broker that arranged the flights.” DOT regulations prohibit
- [DOT Inspector General Testifies About Falsification Of FAA Airman Medical Certificate Applications By Disability Recipients](https://shackelford.law/news-aviation/dot-inspector-general-testifies-about-falsification-of-faa-airman-medical-certificate-applications-by-disability-recipients/) - The Department of Transportation’s Inspector General testified this morning before the U.S. House Committee on Transportation and Infrastructure, Subcommittee on Aviation regarding the issue of falsification of FAA airman medical certificate applications by disability recipients. The IG discussed efforts to mitigate the safety risks posed by airmen who falsify their Airman Medical Certificate applications to
- [Submission To Request For Re-Examination Precludes Later Objection To Basis For Request](https://shackelford.law/news-aviation/submission-to-request-for-re-examination-precludes-later-objection-to-basis-for-request/) - A mechanic recently lost his appeal of an emergency revocation order issued by the FAA after he submitted to, but failed, a re-examination of his qualifications to hold a mechanic certificate. In Adminstrator v. Montenegro, the FAA issued a request for re-examination to the mechanic. The mechanic submitted to the re-examination but failed the re-examination
- [NTSB Affirms Rejection Of Airman's Emergency Defense To Airspace Incursion](https://shackelford.law/news-aviation/ntsb-affirms-rejection-of-airmans-emergency-defense-to-airspace-incursion/) - In a recent NTSB opinion, the Board rejected an airman’s FAR 91.3 emergency affirmative defense and affirmed a 45-day suspension of an airman’s commercial pilot certificate for his violation of FAR 91.129(c)(1) (requiring airman to establish and maintain two-way radio communication with ATC in Class D airspace). In Administrator v. Gibbs, the FAA alleged that
- [FAA's Failure Of Proof Results In Dismissal Of Suspension Order Against ATP](https://shackelford.law/news-aviation/faas-failure-of-proof-results-in-dismissal-of-suspension-order-against-atp/) - The NTSB has affirmed an ALJ’s dismissal of an FAA suspension order based upon the FAA’s failure to offer sufficient evidence to support its claims. In Administrator v. Opat the FAA alleged that the airman violated FARs 91.7(a) (operating an aircraft in an unairworthy condition) and 91.13(a) (careless and reckless) when he flew a Gulfstream
- [Failure To Update Address With FAA Can Preclude Appeal Of Suspension Of Certificate](https://shackelford.law/news-aviation/failure-to-update-address-with-faa-can-preclude-appeal-of-suspension-of-certificate/) - A recent NTSB decision illustrates the consequences a certificate holder may face if he or she fails to keep the FAA informed of the certificate holder’s permanent address as required by FAR 65.21 (certificate holders must notify the FAA within 30 days of any change in permanent address). In Administrator v. Mazufri, the FAA sent
- [Service Bulletin Compliance](https://shackelford.law/news-aviation/service-bulletin-compliance/) - If you follow this site, you know that I have written a number of articles and posts regarding the thorny issue of service bulletin compliance. The question posed by those faced with the issue is “When do I have to comply with a service bulletin?”. The lawyerly answer to the question is, “it depends”. Not
- [ATP Receives 45-Day Suspension For Refusing To Allow Inspection](https://shackelford.law/news-aviation/atp-receives-45-day-suspension-for-refusing-to-allow-inspection/) - In Administrator v. Konop, the FAA alleged that the ATP airman violated FAR 121.548 when he refused to allow an FAA inspector access to the cockpit to conduct a flight deck en-route inspection and the airman had the inspector physically removed from the flight because he allegedly believed that the inspector was a security and
- [DOT Releases SIFL Rates For Last Six Months Of 2007](https://shackelford.law/news-aviation/dot-releases-sifl-rates-for-last-six-months-of-2007/) - The U.S. Department of Transportation has released the Standard Industry Fare Level (SIFL) rates for the six-month period from January 1, 2006, to June 30, 2006. These rates are needed in order to apply the IRS’s aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the
- [Air Freight Forwarder Enters Into Consent Order With DOT Regarding Alleged "Holding Out"](https://shackelford.law/news-aviation/air-freight-forwarder-enters-into-consent-order-with-dot-regarding-alleged-holding-out/) - An air freight forwarder today entered into a consent order with the DOT to resolve allegations by DOT that the air freight forwarder had unlawfully held itself out as a direct provider of air transportation. According to the Consent Order the DOT believed that the air freight forwarder had violated 49 U.S.C. 41101 and 41712
- [ATC Instructions Not Subject To Negotiation](https://shackelford.law/news-aviation/atc-instructions-not-subject-to-negotiation/) - In a recently decided case, Administrator v. McCarthney, the NTSB has affirmed its long-standing holding that ATC instructions are not subject to negotiation . The case arose out a flight in which the airman was operating a Cessna 500 at flight level 350. ATC requested that the airman descend to flight level 310, but he
- [FAA Form 337s For Extended Range Fuel Tanks Go Missing](https://shackelford.law/news-aviation/faa-form-337s-for-extended-range-fuel-tanks-go-missing/) - If you have had extended range fuel tanks installed in the passenger or baggage compartment of your aircraft within the last twenty years (since 1987), it is possible that the corresponding FAA Form 337 your A&P mechanic was required to complete and send in to the FAA never made it. According to a Final Rule
- [FAA Aviation Safety Inspectors Have To Comply With TSA When Going Through Security](https://shackelford.law/news-aviation/faa-aviation-safety-inspectors-have-to-comply-with-tsa-when-going-through-security/) - The FAA today published a Notice of Proposed Rulemaking addressing the authority of FAA Aviation Safety Inspectors (ASI) to access air operations areas (AOAs), secured areas, and security identification display areas (SIDAs). Apparently two previous rulemakings somehow removed the regulatory language that implemented the ASIs’ statutory authority for access to these areas. The NPRM was
- [NTSB Affirms FAA's Revocation Of St. Louis FSDO Operations Supervisor's Airman Certificates](https://shackelford.law/news-aviation/ntsb-affirms-faas-revocation-of-st-louis-fsdo-operations-supervisors-airman-certificates/) - In a recent decision, Administrator v. Hodges, the NTSB has affirmed the revocation of the airman and certified flight instructor certificates held by an operations supervisor with the St. Louis FSDO. The emergency revocation order was based on a May 2005 incident in which the airman allegedly presented an application, FAA Form 8710-1, Airman Certificate
- [Air Charter Broker Enters Into Consent Order With The DOT Regarding Alleged Violation Of 49 U.S.C. 41712](https://shackelford.law/news-aviation/air-charter-broker-enters-into-consent-order-with-the-dot-regarding-alleged-violation-of-49-u-s-c-41712/) - An air charter broker entered into a consent order with the DOT on August 10, 2007 to resolve allegations by the DOT that the charter broker had unlawfully engaged in an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. 41712. According to the Consent Order, the DOT
- [Know Before You Go](https://shackelford.law/news-aviation/know-before-you-go/) - A student pilot recently contacted me regarding the FAA’s denial of his application for a third-class medical certificate. Apparently the airman had been taking an anti-depressant medication that, according to the airman, he didn’t really need, but had been taking without adverse effect for a long period of time. When presented with Question 17(a) on
- [Delay In Mailing Appeal Brief Is Not Cured By Earlier Certificate Of Service](https://shackelford.law/news-aviation/delay-in-mailing-appeal-brief-is-not-cured-by-earlier-certificate-of-service/) - The NTSB recently dismissed an air carrier’s untimely appeal of an ALJ’s order affirming revocation of its air carrier certificate. In Administrator v. Angler Airways, Inc., the air carrier timely filed its Notice of Appeal May 18, 2007. The air carrier’s appeal brief was then due on June 28, 2007. The air carrier filed an

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## Attorney Bios

- [Dhruv P. Patel](https://shackelford.law/attorney/dhruv-p-patel/) - Fort Worth, Texas Dhruv P. Patel Associate 201 Main Street Suite 1820 Fort Worth, Texas 76102 682-339-9869 dpatel@shackelford.law Practice Areas Mergers and Acquisitions Corporate Law and Transactions Corporate Investigations and Compliance Securities Banking and Finance Real Estate Healthcare Law Bar Admissions State of Texas, 2024 Education Texas A&M University School of Law J.D., 2024 University
- [Tucker Thomas](https://shackelford.law/attorney/tucker-thomas/) - Dallas, Texas Tucker Thomas Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1379 214-780-1401 tthomas@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Real Estate Transactions Bar Admissions State of Texas Bar – Admitted 2006 Education Southern Methodist University Dedman School of Law – J.D. 2006 Duke University – B.A.
- [Hilary C. Borow](https://shackelford.law/attorney/hilary-c-borow/) - Houston, Texas Hilary C. Borow Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-415-1721 832-565-9030 hborow@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Personal Injury Defense Bar Admissions Texas, 1993 U.S. District Courts, Northern, Southern, Eastern and Western Districts of Texas U.S. Court of Appeals, Third and Fifth Circuits Education University of Texas
- [Caleb R. Cook](https://shackelford.law/attorney/caleb-r-cook/) - Fort Worth, Texas Caleb R. Cook Associate 201 Main Street Suite 1820 Fort Worth, Texas 76102 945-351-0034 ccook@shackelford.law Practice Areas Corporate Law and Transactions Commercial Litigation Construction Litigation Real Estate Transactions Bar Admissions Texas – 2018 Federal Court – Eastern District Education Juris Doctor, Texas A&M, School of Law, 2017 Bachelors of Science, UT Dallas,
- [Joshua H. Northam](https://shackelford.law/attorney/joshua-h-northam/) - Dallas, Texas Joshua H. Northam Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1400 214-889-9742 jnortham@shackelford.law Practice Areas Family Law Arbitration Mediation Bar Admissions State Bar of Texas, 2001 United States Court of Appeals, 6th Circuit United States District Court, Northern District of Texas United States District Court, Eastern District of Texas United States District
- [Baylee Pearce](https://shackelford.law/attorney/baylee-pearce/) - Houston, Texas Baylee Pearce Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6050 nvrazel@shackelford.law Practice Areas Commercial Litigation Real Estate Transactions Estate Planning and Probate Bar Admissions New Mexico (2026) Texas (2023) Education University of Houston Law Center, Doctor of Jurisprudence, May 2023 Texas Chrisitan University, Bachelor of Arts in Political Science and Criminal
- [Jordan E. Jones](https://shackelford.law/attorney/jordan-jones/) - Dallas, Texas Jordan E. Jones Associate 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1305 jjones@shackelford.law Practice Areas Aviation Litigation Commercial Litigation Construction Litigation Corporate Compliance Labor and Employment Law Trust and Estate Litigation Bar Admissions Texas, 2025 Education Southern Methodist University Juris Doctorate, Dedman School of Law, 2024 Texas Christian University Bachelor of
- [Dewey Dodson](https://shackelford.law/attorney/dewey-dodson/) - Houston, Texas Dewey Dodson Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-915-2494 ddodson@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas, 2019 State of Texas – Bar No. 24116294 U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas. Oklahoma, 2021 U.S. District Court for the Western
- [Frank C. Ehman III](https://shackelford.law/attorney/frank-c-ehman/) - Dallas, Texas Frank C. Ehman III Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1337 214-780-1401 fehman@shackelford.law Practice Areas Corporate Law and Transactions Estate Planning and Probate Real Estate Transactions Bar Admissions Supreme Court of Texas Education JD, University of Tulsa, College of Law, 2006 Bachelor of Arts, Political Science, Trinity University, 2003
- [Nathan A. Vrazel](https://shackelford.law/attorney/nathan-a-vrazel/) - Houston, Texas Nathan A. Vrazel Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-571-1741 nvrazel@shackelford.law Practice Areas Commercial Litigation Real Estate Transactions Estate Planning and Probate Bar Admissions Texas—2022 Tennessee—2019 United States District Court for the Western District of Tennessee—2021 United States District Court for the Eastern, Northern, Southern, and Western Districts of Texas—2022
- [David N. Corkern](https://shackelford.law/attorney/david-corkern/) - Houston, Texas David N. Corkern Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-571-1340 832-565-9030 dcorkern@shackelford.law Practice Areas Corporate Law and Transactions Estate Planning and Probate Taxation Bar Admissions Texas—1986 Louisiana—1986 District of Columbia—2023 Education Georgetown University Law Center LL.M. in Taxation (1986) Baylor University School of Law—J.D. (1985) Louisiana State University in Shreveport—B.A.
- [Lynnsee Starr](https://shackelford.law/attorney/lynnsee-starr/) - Dallas, Texas Lynnsee Starr Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 602-309-6678 Lstarr@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Aviation Transactions Healthcare Law Mergers and Acquisitions Banking and Finance Securities Nonprofits Bar Admissions State of Arizona State of Texas United States District Court for the District of Arizona United
- [Talmage Boston](https://shackelford.law/attorney/talmage-boston/) - Dallas, Texas Talmage Boston Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1310 214-780-1401 tboston@shackelford.law Practice Areas Arbitration and Mediation Commercial Litigation Bar Admissions Texas since 1978 All U.S. District Courts in Texas United States 5th Circuit Court of Appeals Education University of Texas: J.D., 1978 B.A., (Major in Economics, Minor in English) cum laude
- [Leah N. Duncan](https://shackelford.law/attorney/leah-n-duncan/) - Dallas, Texas Leah N. Duncan Associate 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1471 214-780-1391 lduncan@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Real Estate Transactions Corporate Investigations and Compliance Bar Admissions Texas, 2021 U.S. District Court, Northern District of Texas, 2021 U.S. Bankruptcy Court, Northern District of Texas, 2021 Education
- [Raymond L Panneton Sr.](https://shackelford.law/attorney/raymond-l-panneton/) - Houston, Texas Raymond L Panneton Sr. Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-571-1738 832-565-9030 rpanneton@shackelford.law Practice Areas Corporate Law and Transactions Commercial Litigation Construction Litigation Entertainment and Media Intellectual Property Bar Admissions District of Columbia – 2019 Texas – 2013 Northern District of Texas – 2023 Unted States Supreme Court – 2018
- [Frank Amini, Ph.D.](https://shackelford.law/attorney/frank-amini-ph-d/) - Houston, Texas Frank Amini, Ph.D. Partner 717 Texas Ave.27th FloorHouston, Texas 77002 832-669-6063 famini@shackelford.law Practice Areas Intellectual Property Bar Admissions Texas, 2010 U.S. District Courts for the Southern and Eastern Districts of Texas, 2010 U.S. Patent and Trademark Office, 2006 Education Chicago-Kent College of Law J.D., 2009 Dean’s List University of Texas Southwestern Medical Center
- [Brannon C. Dillard](https://shackelford.law/attorney/brannon-c-dillard/) - Houston, Texas Brannon C. Dillard Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6068 832-565-9030 bdillard@shackelford.law Practice Areas Arbitration and Mediation Commercial Litigation Energy Litigation Insurance Coverage and Litigation Intellectual Property Bar Admissions Texas, 2004 U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, District of Columbia U.S. District Courts, Northern, Southern, Eastern
- [Samuel E. Long Jr.](https://shackelford.law/attorney/samuel-e-long-jr/) - Dallas, Texas Samuel E. Long Jr. Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1420 214-780-1401 slong@shackelford.law Practice Areas Estate Planning and Probate Bar Admissions Tennessee 2011 Texas 1980 Education Vanderbilt University (J. D. 1980), Order of the Coif. Associate Editor, Vanderbilt Law Review. Associate Editor’s Award. Southern Methodist University (B. A.
- [Matthew L. Motes](https://shackelford.law/attorney/matthew-l-motes/) - Fort Worth, Texas Matthew L. Motes Partner 201 Main Street Suite 1820 Fort Worth, Texas 76102 682-339-9870 mmotes@shackelford.law Practice Areas Commercial Litigation Construction Litigation Arbitration and Mediation Bar Admissions Texas (1993) Federal Courts Texas (1998- present) Education South Texas College of Law – J.D. (1993) Southwestern University – B.A. in Political Science (1989) Distinctions and
- [Charles Fiscus](https://shackelford.law/attorney/charles-fiscus/) - Dallas, Texas Charles Fiscus Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1333 cfiscus@shackelford.law Practice Areas Real Estate Transactions Eminent Domain and Condemnation Land Title Disputes Bar Admissions State Bar of Texas Oklahoma Bar Association Education Cumberland School of Law Samford University Birmingham, Alabama J.D., 1980 University of Texas School of Business
- [Thomas O. Anderson, Jr.](https://shackelford.law/attorney/thomas-o-anderson-jr/) - Dallas, Texas Thomas O. Anderson, Jr. Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1377 214-780-1401 tanderson@shackelford.law Practice Areas Real Estate Bar Admissions Texas, 2005 Education Baylor University B.B.A., 2002 Economics Texas Wesleyan University School of Law (now known as Texas A&M University School of Law) J.D., 2005 Distinctions and Affiliations Dallas Bar Member Coppell
- [Anna Brooks Martin](https://shackelford.law/attorney/anna-brooks-martin/) - Dallas, Texas Anna Brooks Martin Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1493 abrooks@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Bar Admissions Oklahoma, December 2021 Texas, November 2020 Education University of Oklahoma College of Law Juris Doctor, May 2020 Southern Methodist University B.A. Communications and Public Relations, minor in media and
- [Michael D. McKinley](https://shackelford.law/attorney/michael-d-mckinley/) - Dallas, Texas Michael D. McKinley Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1412 214-889-9712 mikemckinley@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Estate Planning and Probate Sports Banking and Finance Bar Admissions Bar Admissions Texas, 1978 Court U.S. District Court, Northern District of Texas U.S. Court of Appeals, Fifth Circuit U.S. Court
- [Marianne G. Robak](https://shackelford.law/attorney/marianne-g-robak/) - Houston, Texas Marianne G. Robak Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6073 mrobak@shackelford.law Practice Areas Commercial Litigation Construction Litigation Corporate Law and Transactions Energy Litigation Entertainment and Media Real Estate Transactions Bar Admissions State Bar of Texas U.S. District Court, Southern District of Texas Education J.D., South Texas College of Law, 2004
- [Shifa A. Abuzaid](https://shackelford.law/attorney/shifa-a-abuzaid/) - Houston, Texas Shifa A. Abuzaid Associate 717 Texas Ave.27th FloorHouston, Texas 77002 832-669-6064 sabuzaid@shackelford.law Practice Areas Commercial Litigation Labor and Employment Law Entertainment and Media Intellectual Property Bar Admissions State of Texas, 2022 US District Court for Northern, Eastern, Southern, and Western Districts of Texas State of New Jersey, 2022 Education Penn State Law J.D.,
- [Brad Bryan](https://shackelford.law/attorney/brad-bryan/) - Dallas, Texas Brad Bryan Associate 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1322 bbryan@shackelford.law Practice Areas Commercial Litigation Construction Litigation Intellectual Property Bar Admissions State Bar of Texas U.S. District Court, Northern District of Texas (02/28/2022) U.S. District Court, Eastern District of Texas (01/26/2021) Education Southern Methodist University J.D. – 2009 Texas A&M University B.S.
- [Ammar Hussain](https://shackelford.law/attorney/ammar-hussain/) - Dallas, Texas Ammar Hussain Associate 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1375 ahussain@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Aviation Transactions Healthcare Law Mergers and Acquisitions Banking and Finance Securities Nonprofits Bar Admissions Texas, 2020 Education Southern Methodist University Dedman School of Law, Juris Doctor, cum laude, 2020 The
- [Stephen W. Shellenberger](https://shackelford.law/attorney/stephen-w-shellenberger/) - Dallas, Texas Stephen W. Shellenberger Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1450 214-889-9724 sshellenberger@shackelford.law Practice Areas Corporate Law and Transactions Commercial Litigation Construction Litigation Estate Planning and Probate Family Law Bar Admissions Licensed – State Bar of Texas 1990 U.S. District Court, Northern District of Texas U.S. District Court, Eastern District
- [Martha H. Hofmeister](https://shackelford.law/attorney/martha-h-hofmeister/) - Dallas, Texas Martha H. Hofmeister Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1431 214-889-9731 mhofmeister@shackelford.law Practice Areas Bankruptcy – Adversary proceedings Commercial Litigation Aviation Litigation Estate Planning and Probate – Probate litigation Labor and Employment Law Bar Admissions Supreme Court of the United States, admitted 2001 First Circuit Court of Appeals, admitted
- [Kara N. Hargrove](https://shackelford.law/attorney/kara-n-hargrove/) - Dallas, Texas Kara N. Hargrove Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1391 214-780-1391 khargrove@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Bar Admissions Texas, 2019 Education SMU Dedman School of Law, Juris Doctor, May 2018 International Law Review Association, Year in Review Managing Editor – Fall 2017
- [Steven J. Pawlowski](https://shackelford.law/attorney/steven-j-pawlowski/) - Dallas, Texas Steven J. Pawlowski Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 214-780-1401 spawlowski@shackelford.law Practice Areas Commercial Litigation Construction Litigation Labor and Employment Law Energy Litigation Arbitration and Mediation Bar Admissions Texas 1996 Admitted to practice in all State Court in Texas U.S. District Court, Northern District of Texas U.S. District
- [Justice D. Robinson](https://shackelford.law/attorney/justice-robinson/) - Houston, Texas Justice D. Robinson Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-571-1736 jrobinson@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas Education South Texas College of Law, J.D. December 2024 – Magna Cum Laude, Presidential Fellow, Dean’s Merit Scholar University of Houston – Main Camus, Bachelor of Science, Political
- [Cooper S. Montgomery](https://shackelford.law/attorney/cooper-s-montgomery/) - Houston, Texas Cooper S. Montgomery Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6079 cmontgomery@shackelford.law Practice Areas Commercial Litigation Corporate Investigations and Compliance Insurance Insurance Coverage and Litigation Bar Admissions U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas Texas, 2024 Education South Texas College of Law Houston Houston, Texas
- [Joseph F. Colvin Jr.](https://shackelford.law/attorney/joseph-f-colvin-jr/) - Houston, Texas Joseph F. Colvin Jr. Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6066 jcolvin@shackelford.law Practice Areas Arbitration and Mediation Bankruptcy Commercial Litigation Construction Litigation Corporate Law and Transactions Insurance Coverage and Litigation Labor and Employment Law Bar Admissions Texas, 2011 U.S. District Court, Southern District of Texas U.S. District Court, Northern District
- [Savannah H. Benac](https://shackelford.law/attorney/savannah-h-benac/) - Houston, Texas Savannah H. Benac Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-915-1445 sbenac@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas, 2018 U.S. District Courts, Northern, Southern, Eastern, and Western Districts of Texas Education Baylor Law School J.D., 2018 Baylor Law Review Baylor Barrister Society Stetson Law National Pre-Trial
- [Michelle Morgan](https://shackelford.law/attorney/michelle-morgan/) - Dallas, Texas Michelle Morgan Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1417 214-780-1401 mmorgan@shackelford.law Practice Areas Commercial Litigation Labor and Employment Law Bar Admissions Texas, 1995 U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas Education J.D., Southern Methodist University Dedman School of Law, 1995 B.A., Trinity
- [David W. Elrod](https://shackelford.law/attorney/david-w-elrod/) - Dallas, Texas David W. Elrod Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1313 214-780-1401 delrod@shackelford.law Practice Areas Bankruptcy Commercial Litigation Aviation Litigation Construction Litigation Energy Litigation Arbitration and Mediation Bar Admissions Texas, 1978 U.S. District Court, Northern District of Texas U.S. District Court, Southern District of Texas U.S. District Court, Eastern District of Texas
- [Mark S. McQuality](https://shackelford.law/attorney/mark-s-mcquality/) - Dallas, Texas Mark S. McQuality Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1465 214-780-1400 214-780-1401 mmcquality@shackelford.law Practice Areas Construction Litigation DTPA/Fraud Litigation Arbitration and Mediation Real Estate Transactions/Litigation Commercial Litigation Bar Admissions Texas, 1977 United States Court of Appeals for the Fifth Circuit, 1983 United States District Court for the Northern District of Texas,
- [Robert G. McCormick](https://shackelford.law/attorney/robert-g-mccormick/) - Dallas, Texas Robert G. McCormick Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1381 214-780-1410 rmccormick@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Sports Mergers and Acquisitions Entertainment Hospitality Bar Admissions Texas, 1991 Education The University of Texas at Austin School of Law: Juris Doctor with Honors (1991) The University of
- [Stephen R. Wedemeyer](https://shackelford.law/attorney/stephen-wedemeyer/) - Houston, Texas Stephen R. Wedemeyer Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-415-1771 832-565-9030 swedemeyer@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Energy Litigation Bar Admissions Texas Colorado US Fifth Circuit Court of Appeals Eastern District of Texas Northern District of Texas Southern District of Texas Western District of Texas District of
- [Nhi Vu](https://shackelford.law/attorney/nhi-vu/) - Houston, Texas Nhi Vu Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6077 nvu@shackelford.law Practice Areas Commercial Litigation Insurance Insurance Coverage and Litigation Bar Admissions Texas, 2023 U.S. District Couts, Northern, Southern, Eastern, and Western Districts of Texas Education University of Houston Law Center J.D., 2023 Houston Journal of Health Law & Policy, Articles
- [Artis G. Ulmer, III](https://shackelford.law/attorney/artis-g-ulmer-iii/) - Houston, Texas Artis G. Ulmer, III Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6054 aulmer@shackelford.law Practice Areas Commercial Litigation Insurance Insurance Coverage and Litigation Bar Admissions Louisiana – 2015 Texas – 2020 United States District Courts for the Eastern, Middle, and Western Districts of Louisiana United States District Courts for the Southern, Northern,
- [Connor E. Raborn](https://shackelford.law/attorney/connor-e-raborn/) - Houston, Texas Connor E. Raborn Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6078 craborn@shackelford.law Practice Areas Commercial Litigation Insurance Insurance Coverage and Litigation Bar Admissions Southern District of Texas, Western District of Texas, Eastern District of Texas, and Northern District of Texas Texas, 2023 Education University of Houston Law Center, Juris Doctor, 2023
- [Marjorie Nicol](https://shackelford.law/attorney/marjorie-nicol/) - Houston, Texas Marjorie Nicol Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6071 mnicol@shackelford.law Practice Areas Commercial Litigation Arbitration and Mediation Insurance Insurance Coverage and Litigation Bar Admissions Admitted in all state courts in Texas Admitted in all United States District Courts in Texas Admitted in the United States Court of Appeals for the
- [Stephen E. Holombek](https://shackelford.law/attorney/stephen-e-holombek/) - Houston, Texas Stephen E. Holombek Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6072 sholombek@shackelford.law Practice Areas Commercial Litigation Insurance Insurance Coverage and Litigation Bar Admissions Texas U.S. District Courts, Northern, Southern, Eastern, and Western Districts of Texas Education South Texas College of Law Houston J.D., 2022 Summa Cum Laude South Texas Law Review,
- [Gisela A. Aguilar](https://shackelford.law/attorney/gisela-a-aguilar/) - Houston, Texas Gisela A. Aguilar Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6091 gaguilar@shackelford.law Practice Areas Commercial Litigation Insurance Insurance Coverage and Litigation Bar Admissions Texas U.S. District Couts, Northern, Southern, Eastern, and Western Districts of Texas Education South Texas College of Law Houston J.D., 2022 Cum Laude South Texas Law Review, Editor
- [Krystie Cals Malara](https://shackelford.law/attorney/krystie-cals-malara/) - Houston, Texas Krystie Cals Malara Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6047 kcals@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas, 2015 Eastern District of Texas Northern District of Texas Southern District of Texas Western District of Texas and 5th Circuit Court of Appeals Education Southern Methodist University Juris
- [Kail Hidalgo](https://shackelford.law/attorney/kail-hidalgo/) - Houston, Texas Kail Hidalgo Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-415-1791 khidalgo@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas Oklahoma U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas U.S. District Court for the Western District of Oklahoma Education South Texas College of Law
- [Cameron M. Dernick](https://shackelford.law/attorney/cameron-m-dernick/) - Houston, Texas Cameron M. Dernick Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-415-1713 832-565-9030 cdernick@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Bar Admissions Texas, 2014 U.S. District Courts for Texas (Northern, Eastern, Southern & Western) U.S. District Courts for Tennessee (Western) U.S. Court of Appeals, Fifth Circuit Education University of Houston
- [Jay W. Brown](https://shackelford.law/attorney/jay-w-brown/) - Houston, Texas Jay W. Brown Partner 717 Texas Ave.27th FloorHouston, Texas 77002 832-415-1775 832-565-9030 jbrown@shackelford.law Practice Areas Commercial Litigation Insurance Coverage and Litigation Energy Litigation Bar Admissions Texas Colorado U.S. District Courts, Northern, Southern, Eastern and Western Districts of Texas U.S. Court of Appeals, Fifth Circuit Education University of Texas School of Law J.D. with
- [Richard A. Lowe](https://shackelford.law/attorney/richard-a-lowe/) - Fort Worth, Texas Richard A. Lowe Partner 201 Main StreetSuite 1820Fort Worth, Texas 76102 682-339-9871 682-339-9871 rlowe@shackelford.law Practice Areas Corporate Law and Transactions Healthcare Law Corporate Investigations and Compliance Securities Mergers and Acquisitions Banking and Finance Bar Admissions State Bar of Texas (1983) State Bar of California (1982) Education University of California, Davis, School of
- [Matthew L. Simmons](https://shackelford.law/attorney/matthew-l-simmons/) - Houston, Texas Matthew L. Simmons Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6060 msimmons@shackelford.law Practice Areas Commercial Litigation Labor and Employment Law Intellectual Property Bar Admissions Texas, 2010 Florida, 2011 US District Court, Southern District of Texas US District Court, Eastern District of Texas US District Court, Western District of Texas US District
- [Timothy D. Zeiger](https://shackelford.law/attorney/timothy-d-zeiger/) - Austin, Texas Timothy D. Zeiger Partner 2600 Via FortunaSuite 150Austin, Texas 78746 512-469-0900 512-469-0930 tzeiger@shackelford.law Practice Areas Bankruptcy Commercial Litigation Labor and Employment Law Aviation Litigation Estate Planning and Probate Energy Litigation Professional Liability Arbitration and Mediation Bar Admissions Wisconsin, 2004 Texas, 1981 U.S. District Court, Northern District of Texas U.S. District Court, Eastern District
- [Timothy Earl Drake](https://shackelford.law/attorney/timothy-earl-drake/) - Dallas, Texas Timothy Earl Drake Of Counsel 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1483 214-780-1401 tdrake@shackelford.law Practice Areas Commercial Litigation Construction Litigation Insurance Insurance Coverage and Litigation Bar Admissions Texas 1994 Northern District 1997 Eastern District 1997 Southern District 2024 Western District 2024 Education Southern Methodist University School of Law – JD 1993 University
- [David G. Mayer](https://shackelford.law/attorney/david-g-mayer/) - Dallas, Texas David G. Mayer Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1306 214-780-1401 dmayer@shackelford.law Practice Areas Corporate Law and Transactions Aviation Transactions Bar Admissions Texas, 1996; California, 1992; New York, 1978; Education Juris Doctor, Case Western Reserve University School, Cleveland, Ohio Bachelor of Arts, Summa Cum Laude, Ohio University, Athens,
- [Watson Bowen](https://shackelford.law/attorney/watson-bowen/) - Austin, Texas Watson Bowen Partner 2600 Via FortunaSuite 150Austin, Texas 78746 512-469-0900 wbowen@shackelford.law Practice Areas Aviation Transactions Bar Admissions Texas (2019) U.S. District Court for the Western District of Texas (2020) Education Texas Tech University School of Law, Magna Cum Laude, Order of the Coif (2019) Distinctions and Affiliations 2023 Lawdragon 500 X – The Next Generation;
- [Worthy Walker](https://shackelford.law/attorney/worthy-walker/) - Dallas, Texas Worthy Walker Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 214-780-1401 wwalker@shackelford.law Practice Areas Commercial Litigation Construction Litigation Labor and Employment Law Energy Litigation Arbitration and Mediation Banking and Finance Bar Admissions Texas, 2001 U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas U.S. District
- [John C. Shackelford](https://shackelford.law/attorney/john-c-shackelford/) - Dallas, Texas John C. Shackelford Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1414 214-780-1401 jshack@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Real Estate Transactions Entertainment and Media Bar Admissions Tennessee – 2011 Florida – 1990 Georgia – 1989 Texas – 1983 Education J.D. – Southern Methodist University, 1983 B.A.
- [David T. Norton](https://shackelford.law/attorney/david-t-norton/) - Dallas, Texas David T. Norton Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1407 214-855-6808 dnorton@shackelford.law Practice Areas Administrative Law Aviation Litigation Aviation Transactions Bar Admissions Texas (1996) U.S. District Court for the Northern District of Texas (1996) Education SMU School of Law, JD, cum laude, 1996 Louisiana Tech, MBA, 1993 USAF Academy, BS, 1984
- [Todd Meier](https://shackelford.law/attorney/todd-meier/) - Dallas, Texas Todd Meier Of Counsel 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1305 214-780-1401 tmeier@shackelford.law Practice Areas Commercial Litigation Corporate Investigations and Compliance Bar Admissions Texas, 1976 Education Washington University in St. Louis; BA, 1973 Southern Methodist University; JD, 1976 Distinctions and Affiliations Publications and Speeches Back To Attorneys PRINT About Todd Meier Todd
- [Mary J. McCurley](https://shackelford.law/attorney/mary-j-mccurley/) - Dallas, Texas Mary J. McCurley Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-215-5722 214-780-1401 mjmccurley@shackelford.law Practice Areas Family Law Bar Admissions Supreme Court of the United States, 2004 Supreme Court of Texas, 1979 State Bar of Texas, 1979 Education J.D., St. Mary’s University School of Law, 1979 Student Body Vice President
- [Michael D. McKinley, II](https://shackelford.law/attorney/michael-d-mckinley-ii/) - Dallas, Texas Michael D. McKinley, II Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 214-780-1401 mmckinley2@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Real Estate Transactions Estate Planning and Probate Sports Bar Admissions Texas, 2017 Education Texas A&M University School of Law – Juris Doctor, 2016 Baylor University
- [Caryn M. Campbell](https://shackelford.law/attorney/caryn-m-campbell/) - Dallas, Texas Caryn M. Campbell Partner 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1399 214-780-1401 ccampbell@shackelford.law Practice Areas Labor and Employment Law Bar Admissions Florida, 2008 Texas, 2004 Education J.D. with Honors, University of Chicago Law School, 2004 B.S. summa cum laude, Florida State University, Management and Multinational Business Operations, 1998 Distinctions and Affiliations Contributing
- [Lori Hood](https://shackelford.law/attorney/lori-hood/) - Houston, Texas Lori Hood Partner 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6081 lhood@shackelford.law Practice Areas Bar Admissions Education Distinctions and Affiliations Publications and Speeches Back To Attorneys PRINT About Lori Hood Read More
- [Jake N. Pollack](https://shackelford.law/attorney/jake-n-pollack/) - Dallas, Texas Jake N. Pollack Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1332 jpollack@shackelford.law Practice Areas Estate Planning and Probate Corporate Law and Transactions Bar Admissions State Bar of Texas (1993) United States District Court for the Northern, Eastern & Western Districts of Texas United States Tax Court Education St. Mary’s University
- [Emilie E. East](https://shackelford.law/attorney/emilie-e-east/) - Dallas, Texas Emilie E. East Associate 9201 N. Central ExpresswayFourth FloorDallas, Texas 75231 214-780-1491 eeast@shackelford.law Practice Areas Family Law Probate General Civil Litigation Bar Admissions 2021 Admission to the State Bar of Texas Education The University of Oklahoma College of Law Juris Doctorate Graduated in 2021 with Distinction Louisiana State University Majored in sociology with
- [Derek D. Rollins](https://shackelford.law/attorney/derek-d-rollins/) - Dallas, Texas Derek D. Rollins Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1425 214-889-9725 drollins@shackelford.law Practice Areas Bankruptcy – Creditor’s Rights Commercial Litigation Corporate Law and Transactions Aviation Litigation Real Estate Transactions Construction Litigation Labor and Employment Law Energy Litigation Entertainment and Media Corporate Investigations and Compliance Arbitration and Mediation Intellectual Property
- [David L. Odom](https://shackelford.law/attorney/david-l-odom/) - Dallas, Texas David L. Odom Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1378 214-780-1378 dodom@shackelford.law Practice Areas Corporate Law and Transactions Healthcare Law Intellectual Property Bar Admissions Texas U.S. District Court Northern District of Texas U.S. Patent and Trademark Office (Registered Patent Attorney) Education JD, Franklin Pierce Law Center, 2002 BS Electronics,
- [Stanley “Stan” R. Moore](https://shackelford.law/attorney/stanley-stan-r-moore-2/) - Dallas, Texas Stanley “Stan” R. Moore Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1376 smoore@shackelford.law Practice Areas Intellectual Property Bar Admissions Texas, 1973 U.S. Patent and Trademark Office U.S. Court of Appeals, Federal Circuit Education Southern Methodist University, Dedman School of Law – J.D., 1973 Southern Methodist University – B.S., Mechanical
- [Roy J. True](https://shackelford.law/attorney/roy-j-true/) - Dallas, Texas Roy J. True Of Counsel 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 214-780-1401 rtrue@shackelford.law Practice Areas Corporate Law and Transactions Banking and Finance Mergers and Acquisitions Real Estate Transactions Bar Admissions Texas, 1963 U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas U.S. Tax Court
- [Mark A. Todd](https://shackelford.law/attorney/mark-a-todd/) - Dallas, Texas Mark A. Todd Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1423 214-780-1401 mtodd@shackelford.law Practice Areas Corporate Law and Transactions Real Estate Transactions Aviation Transactions Bar Admissions Texas (1982) Education Southern Methodist University (J.D. 1982); Southwestern Law Journal University of Texas at Austin (BBA 1979), Cum Laude, Accounting and Finance Distinctions
- [K. Elizabeth Swan](https://shackelford.law/attorney/k-elizabeth-swan/) - Dallas, Texas K. Elizabeth Swan Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 214-780-1401 eswan@shackelford.law Practice Areas Commercial Litigation Family Law Civil Appeals Bar Admissions Texas, 2010 U.S. District Court, Northern District of Texas U.S. Court of Appeals, Fifth Circuit Education J.D., SMU Dedman School of Law, Cum Laude, 2010 B.A., Southern
- [Michelle J. Snedden](https://shackelford.law/attorney/michelle-j-snedden/) - Dallas, Texas Michelle J. Snedden Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1413 214-780-1401 msnedden@shackelford.law Practice Areas Corporate Law and Transactions Public Finance and Affordable Housing Real Estate Transactions Bar Admissions Texas 2010 Education Texas A&M (previously Texas Wesleyan Law School) – JD Law Degree College of Law, Chester, England – Postgraduate
- [Gregory J. Reigel](https://shackelford.law/attorney/gregory-j-reigel/) - Dallas, Texas Gregory J. Reigel Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1482 214-780-1401 greigel@shackelford.law Practice Areas Aviation Litigation Aviation Transactions Bar Admissions Texas 2016 Wisconsin 1994 Minnesota 1992 U.S. District Court – District of Minnesota 1992 Education Juris Doctor, William Mitchell College of Law, Cum Laude, 1992 Bachelor of Arts, University
- [James W. Morris, Jr.](https://shackelford.law/attorney/james-w-morris-jr/) - Dallas, Texas James W. Morris, Jr. Partner 9201 N. Central Expressway Fourth Floor Dallas, Texas 75231 214-780-1400 jmorris@shackelford.law Practice Areas Corporate Law and Transactions Commercial Litigation Real Estate Transactions Construction Litigation Bar Admissions US District Courts for Northern, Eastern and Southern Districts US Court of Appeals, 5th Circuit Connecticut Bar, 1988 Texas Bar, 1985 Education
- [Bruce R. Wilkin](https://shackelford.law/attorney/bruce-r-wilkin/) - Houston, Texas Bruce R. Wilkin Partner 717 Texas Ave.27th FloorHouston, Texas 77002 832-415-1773 832-565-9030 bwilkin@shackelford.law Practice Areas Commercial Litigation Energy Litigation Insurance Coverage and Litigation Bar Admissions Texas Louisiana Oklahoma Colorado U.S. Court of Appeals, Fifth Circuit U.S. District Courts, Northern, Southern, Eastern and Western Districts of Texas U.S. District Courts, Eastern, Middle, and Western
- [Thomas G. Gruenert](https://shackelford.law/attorney/thomas-g-gruenert/) - Houston, Texas Thomas G. Gruenert Of Counsel 717 Texas Ave. 27th Floor Houston, Texas 77002 832-571-1733 832-565-9030 Tgruenert@shackelford.law Practice Areas Corporate Law and Transactions Commercial Litigation Real Estate Transactions Construction Litigation Healthcare Law Bar Admissions Texas, 1987 Louisiana, 1983 Education Washington and Lee University School of Law Juris Doctor, 1983 Note and Comment Editor, Washington
- [Tatiana P. Lutomski](https://shackelford.law/attorney/tatiana-p-lutomski/) - Houston, Texas Tatiana P. Lutomski Associate 717 Texas Ave. 27th Floor Houston, Texas 77002 832-669-6056 tlutomski@shackelford.law Practice Areas Bar Admissions Texas, May 2020 United States District Court for the Southern District of Texas Education South Texas College of Law Houston Doctor of Jurisprudence, 2019 University of Houston Bachelor of Arts, Cum Laude, 2015 Aarhus University
- [Robert "Bobby" A. Voigt, Jr.](https://shackelford.law/attorney/robert-bobby-a-voigt-jr/) - Austin, Texas Robert “Bobby” A. Voigt, Jr. Partner 2600 Via FortunaSuite 150Austin, Texas 78746 512-542-5101 rvoigt@shackelford.law Practice Areas Intellectual Property Bar Admissions Licensed to practice law in the state of Texas (11/3/99) Licensed to practice before the United States Patent and Trademark Office (9/12/00) Licensed to practice before the Federal Circuit (10/16/02) Licensed to practice

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## Portfolio

- [Sports](https://shackelford.law/expertise-item/sports/) - Shackelford represents a variety of clients in the sports industry, including both athletes and entities involved in sports.
- [Securities](https://shackelford.law/expertise-item/securities/) - Shackelford’s lawyers are experienced in securities law and corporate finance. Our attorneys have represented private and public companies on issues.
- [Real Estate Transactions](https://shackelford.law/expertise-item/commercial-real-estate/) - Shackelford handles insurance coverage litigation, bad faith claims, coverage disputes, claims counseling, appeals and complex commercial real estate transactions.
- [Public Finance and Affordable Housing](https://shackelford.law/expertise-item/public-finance-and-affordable-housing/) - Shackelford offers over 20 years of experience in the area of affordable housing. Learn more about public finance and affordable housing.
- [Professional Liability](https://shackelford.law/expertise-item/professional-liability/) - Shackelford’s professional liability defense and fiduciary law team has significant recent experience in state and federal courts, in state appellate courts, and in arbitration.
- [Mergers and Acquisitions](https://shackelford.law/expertise-item/mergers-and-acquisitions/) - Shackelford’s corporate lawyers have extensive mergers and acquisitions experience in tax-free and taxable mergers, and more.
- [Labor and Employment Law](https://shackelford.law/expertise-item/labor-and-employment-law-2/) - We know that clients need direct, understandable and practical advice – especially when dealing with workplace issues. More about Labor and Employment law..
- [Intellectual Property](https://shackelford.law/expertise-item/intellectual-property/) - We represent clients in transactional and litigation matters in all areas of intellectual property, including copyright, trademark, and patent law.
- [Insurance Coverage and Litigation](https://shackelford.law/expertise-item/insurance-coverage-litigation/) - Shackelford handles insurance coverage litigation, bad faith claims, coverage disputes, claims counseling, appeals and complex commercial insurance matters.
- [Healthcare Law](https://shackelford.law/expertise-item/healthcare-law/) - Today’s healthcare industry is one of the most highly regulated and scrutinized industries in the nation. Learn more about healthcare law.
- [Family Law](https://shackelford.law/expertise-item/family-law/) - Family law often finds people when they’re most vulnerable. In those moments, clients deserve honesty, loyalty and strength from their counsel.
- [Estate Planning and Probate](https://shackelford.law/expertise-item/estate-planning-and-probate/) - Shackelford is significantly involved in the field of estate planning and probate law. Including wills, administration of estates and more.
- [Entertainment and Media](https://shackelford.law/expertise-item/entertainment-media/) - Shackelford represent clients in a variety of entertainment and media law matters, including handling contract negotiations, and more.
- [Energy Litigation](https://shackelford.law/expertise-item/energy-litigation/) - Shackelford has an energy litigation team that has handled a wide-variety of energy and oil & gas disputes in the various courts. More on energy litigation.
- [Dealer Transactions](https://shackelford.law/expertise-item/dealer-transactions/) - Shackelford advises automobile dealers on dealer transactions, including sales, acquisitions, real estate, mergers, tax planning, licensing and regulatory compliance.
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