EMBRY RIDDLE ASCI404 ALL DISCUSSIONS

1.3.1 – What federal agency or agencies is/are responsible for:

a. regulating civil aviation safety

b. investigating civil aircraft accidents

c. determining the probable cause of civil aircraft accidents

d. operating radio aids to navigation

e. negotiating international air service agreements 1.3.3 – What federal agency or agencies is/are responsible for:

a. regulating labor-management relations in the airlines

b. regulating price-fixing and other anti-competitive practices in aviation and aerospace

c. operating the air traffic control system

d. regulating labor-management relations in the aerospace industry

e. research and development in aerodynamics and aviation technology

1.3.2 – What federal agency or agencies is/are responsible for:

a. pre-boarding screening of airline passengers

b. issuing permits for foreign air carriers to serve the U.S.

c. coordinating and integrating the resources of the federal government and other organizations to meet the needs of airline disaster victims and their families

d. administering the Aviation Safety Reporting Program

e. detecting and interdicting smugglers and others illegally crossing U.S. borders

1.3.4 - What international agency or organization

a. establishes international technical standards for aviation communications and radio aids to navigation

b. settles accounts among international airlines

c. publishes international Standards and Recommended Practices

d. provides training about airports internationally

e. is an organ of the United Nations

Post your thorough and complete answers to any two of the following scenarios:

Scenario 1

You are a piloting a light general aviation aircraft solo on a non-commercial cross-country flight under visual flight rules (VFR). You have not filed a flight plan, but nearing your destination in a metropolitan area, you call Center, identifying your aircraft, position, altitude, and destination (an uncontrolled field) and request flight following to your destination airport. Center assigns you a transponder code and instructs you to “squawk ident.” Moments later, the controller confirms radar contact, advises you that it has been reported that you may have entered restricted airspace, and gives you a phone number to call when you get on the ground.

a. What will you reply and why?

b. What do you intend to do on arrival and why? Scenario 3

You are an aircraft mechanic holding airframe & powerplant (A&P) ratings and inspection authorization (IA). You’ve worked on a lot of aircraft. After working the graveyard shift at an aircraft repair facility, you went home and fell sound asleep, only to be awakened by a telephone call from a person who identified himself as an FAA inspector and asked: “Did you sign off an annual inspection on Bellanca N8790V and approve it for return to service?”< /p>

a. What will you reply and why?

b. What else will you do and why?

Scenario 2

You have just landed and are tying down the aircraft when a person approaches you and asks if you're the pilot of that aircraft.

a. What will you reply and why?

b. What will you do and why?

Scenario 4

You receive a letter from an FAA inspector stating that the agency is investigating a report of a specific event that occurred twelve days ago. The letter describes what the FAA believes was your involvement in the event that may have been in violation of some FARs. The letter invites your written response. You were there on the date they mention and were exercising the privileges of your certificate, but feel strongly that they’ve got the rest of their facts all wrong.

a. Are you required to respond to the letter?

b. What will you do and why?

Post your thorough and complete answers to any two of the following Aviation Medical scenarios:

Scenario 1

You are a pilot. You have a stuffy nose and are taking a commercial off-the-shelf cold remedy.

a. How can you tell if it is legal for you to fly while you are taking that medication?

b. Even if it proves technically legal for you to fly, would it be prudent? Scenario 3

You are a pilot with a current aviation medical certificate but experience a health problem. Describe the complete analytical process you would follow to determine whether you can legally act as a pilot or required flight crewmember.

Scenario 2

You are a pilot. You are arrested for an alcohol-related traffic offense.

a. Are you required to report the arrest to the FAA? If so, to whom and when?

b. If your driver's license is suspended as a result of the incident, are you required to report the suspension to the FAA? If so, to whom and when?

c. If the FAA requests that you submit to a battery of psychological tests to determine whether you are an alcoholic, are you required to comply? Who would be responsible to pay the costs of that testing?

Scenario 4

You are an airline pilot flying international routes for a major U.S. airline. During an overnight stay in a foreign country, you go out to see the sights and sample the local cuisine. After you return to your room, you experience a crushing chest pain and become violently ill. You go to a local clinic, where the doctor examines you, does a few tests, and tells you that you had a heart attack. By morning, you’re feeling fine and believe the doctor was wrong. Is it legal for you to act as a pilot or other required flight crewmember on the return flight to the U.S.? Explain.

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

While performing an engine overhaul on a customer’s single-engine aircraft, an A&P mechanic employed by an FAA-certified aircraft repair station is distracted by a telephone call. Returning to the nearly-completed task, the mechanic replaces the engine cowling without first securing the oil sump drain plug with safety wire, as required by the maintenance manual. The shop foreman, who holds FAA Inspection Authorization, signs off the overhaul and approves the aircraft for return to service without noticing the oversight. The owner-pilot picks up the aircraft and takes off for an engine break-in flight. While in flight, the drain plug vibrates loose, the engine oil is lost overboard and the engine seizes. The pilot makes an emergency landing in what looks like the most suitable spot within gliding range, a plowed field, where the aircraft overturns. The aircraft is substantially damaged and the pilot is seriously injured.

Who is potentially legally liable for these damages and injuries, and why? Scenario 2

A pilot had always dreamed of flying the Alaska bush, but that dream had been sidetracked by the responsibilities to earn a living adequate to support a family. Now that family had emptied the nest, the pilot was able to buy a brand-new short takeoff and landing (STOL) tailwheel bush plane from a local dealer, practice short and soft field landings, take a few months off work, load up the hunting, fishing, and camping gear and head out to fulfill that dream. While making a picture-perfect landing on a gravel bar in an Alaskan river, one of the airplane’s left main landing gear struts collapsed, causing the aircraft to be wrecked, and the pilot seriously injured. The gear collapse was caused by a metallurgical flaw in the strut, which had been manufactured by a subcontractor of the aircraft’s manufacturer. The flaw was present when the subcontractor delivered the part to the manufacturer.

Who is potentially legally liable for the pilot’s injuries, and why? Could it make a difference if the pilot had bought the airplane a long time before the accident? Explain.

Scenario 3

Renting an aircraft from an FBO, a college student who is a private pilot heads out on a cross-country trip to spend Thanksgiving at home, bringing along a non-pilot friend. Due to a later than planned start, the two arrive later than anticipated at the last planned fuel stop at a rural airport, only to find the FBO closed and the fuel pumps locked. A cell phone call to the FBO’s number yields a recorded message that the business is closed for the holiday weekend. Estimating that at least an hour’s fuel remains in the aircraft’s tanks, the pilot takes off again, planning to refuel at the next airport along the route. Unfortunately, the pilot’s estimate proves wrong and the aircraft runs out of fuel on approach to the next airport. In the dark, the pilot lands short of the runway and the airplane is destroyed, and the passenger is seriously injured, though the pilot escapes with minor scrapes and bruises.

Is the pilot legally liable for the passenger’s injuries and to the FBO for destroying its airplane? Explain.

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

You have been hired as the new assistant manager of a flying school.

The first day on the job, you learn that the school considers all of its flight instructors to be independent contractors. The instructors teach students assigned to them by the school, according to a schedule managed by the school, in school classrooms and school aircraft, and must precisely follow the school’s lesson plans.

The school does not withhold payroll taxes or maintain workers’ compensation or unemployment compensation insurance on the instructors. When you ask why, the general manager replies: “It’s just simpler that way. Why? Do you see a problem with that?”

Reply thoughtfully and in detail. Scenario 3

Regional Airline Corporation (RAC) is a regional airline operating a fleet of 70 regional jet aircraft. Escalating fuel costs have wiped out the company’s profits, and management is desperately seeking ways to cut costs.

At a management meeting, one of the corporate executives presents data showing that the Bombardier Q400 turboprop can carry the same passenger load at only slightly less speed with a greatly reduced operating cost. The data shows that the corporation could return to profitability by disposing of its jets and replacing them with turboprops.

• What person or group within the corporation would have the authority to approve this fleet change? Explain.

• What written record, if any, should be made of the decision approving this fleet change?

Scenario 2

You have been hired as the new assistant manager of an aircraft repair station.

The first day on the job, you learn that the business considers all of its aircraft repair personnel to be independent contractors. The mechanics work on aircraft assigned to them by the company, according to a schedule set by the company, in company shops, using company tools, under the direct supervision of company superintendents.

The company does not withhold payroll taxes or maintain workers’ compensation or unemployment compensation insurance on the instructors. When you ask why, the general manager replies: “It’s just simpler that way. Why? Do you see a problem with that?”

Reply thoughtfully and in detail.

Scenario 4

You are the director of maintenance for Regional Airline Corporation (RAC), a regional airline. Knowing that the company is desperately seeking cost savings to allow it to remain competitive, you explore the option of contracting-out the corporation’s major aircraft maintenance to an unrelated company specializing in that kind of work. You find that outsourcing the major maintenance could result in substantial savings to the corporation as compared to the present practice of doing all maintenance in house, with employees of the corporation.

• What person or group within the corporation would have the authority to approve this fleet change? Explain.

• What written record, if any, should be made of the decision approving this fleet change?

4.2 - Insurance and Exculpatory Contracts

Post your thorough and complete answers to any one of the following topics :

Topic 1

Identify the appropriate purpose of use for an aircraft insurance policy to cover each of the following operations:

a. A private aircraft for personal recreational use and personal business travel.

b. Aircraft used exclusively for flight training.

c. A corporate business jet.

d. An air cargo company, such as FedEx or UPS.

e. A full-service FBO offering flight training, aircraft rental, and charter.

f. Thunderstorm research requiring flights through fully-developed thunderstorms. Topic 2

For each of the following events, indicate whether the event would cause you to consider its effect on your current aircraft insurance policy and explain why:

a. You have spent several thousand dollars to upgrade the aircraft’ s avionics.

b. You are going to allow another pilot to fly your aircraft.

c. You’ve been using the aircraft only for your own recreational, proficiency, and travel, but have earned your flight instructor certificate and want to use the aircraft to start a flight instruction business.

d. You’ve been flying your aircraft only within the contiguous (“ lower 48”) U.S., but are now planning taking it on a trip to Alaska.

e. You’ve paid off the loan you took out to purchase the aircraft.

Topic 3

What is subrogation? As a renter pilot, how can you protect yourself against subrogation? How could the aircraft owner protect you, the renter pilot, against subrogation?

Post your response to the following:

Beach Air Corp is a scheduled air carrier serving the southeastern US, Bahamas and Caribbean islands with regional turboprop aircraft. One morning, two Beach Air flights are boarding passengers on the regional airline ramp at Orlando, FL. One flight is non-stop to Key West, FL and the other is non-stop to Nassau, Bahamas.

As the passengers are walking from the terminal building to the ramp to board, a Beach Air ramp worker who is driving too fast loses control of a tug pulling a baggage cart and collides with one Key West-bound passenger and one Nassau-bound passenger, injuring both. Both injured passengers are Orlando residents who left home this morning planning to enjoy a week at the beach in their respective destinations, then fly directly home.

Analyze and evaluate Beach Air’s potential legal liability for each passenger’s injuries.

Post to the 5.3 - Government Liability discussion forum your response to the following:

It is a quiet predawn morning in the Seattle, WA area and the lone FAA air traffic controller who is controlling the airspace south of the city has been on duty for seven hours. The only traffic is a Navy helicopter transiting the area westbound en route to a nearby Navy facility and a northbound private civilian seaplane. The controller, having dozed off, is awakened by the ringing telephone and learns that the two aircraft collided in flight in the controller’s airspace. There are no survivors. Investigation reveals that the two collided while in level flight at the altitude assigned each by that controller.

Analyze the potential liability of the United States and the controller for the accident.

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

You are an A&P mechanic and commercial pilot performing a maintenance flight check on a low-wing single-engine aircraft before approving it for return to service following a repair.

Returning to the uncontrolled airport for landing, you place the landing gear switch in the DOWN position to lower the landing gear. The three green lights that confirm the gear is down and locked fail to illuminate. None of the landing gear is visible from the cabin. You recycle the gear and try several maneuvers to force it down, but the lights still don’t come on. You make a low approach and the shadow of the aircraft on the ground looks like the gear is down, so you go ahead and land. On landing, the unlocked nose gear collapses, damaging the propeller, engine crankshaft, and cowling.

Are you required to report the mishap to the FAA? Are you required to report the mishap to the NTSB? Explain. Scenario 2

You are flying your personal airplane.

You’ve recently had the instrumentation on the left side of the panel upgraded, replacing it with an electronic primary flight display (PD), although you’ve retained the old mechanical analog displays on the right side. En route, your PFD screen begins to flicker intermittently, then goes dark.

Are you required to report this occurrence to the FAA? Are you required to report this occurrence to the NTSB? Explain.

Scenario 3

You are a pilot who just woke up in a hospital and asked your nurse: “Why am I here?" The nurse replies: “You crashed your plane.” You ask: “When?" The nurse replies: “Sunday afternoon.” You ask: “What day is this?" The nurse replies: “Thursday.”

Are you required to notify the FAA? Are you required to notify the NTSB? Explain.

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

You are in the market to buy an aircraft and have identified one that appears that it would meet your needs and is in your price range.

How will you:

• determine who owns the aircraft,

• identify all outstanding security interests in the aircraft, and

• determine the condition of the aircraft? Scenario 2

You are the manager of an aircraft dealership.

A customer approaches one of your sales people. The customer is the owner of a successful photography business, but not a pilot. The customer states that the business needs to buy an airplane for high-altitude digital photo mapping, and she needs the salesman’s advice to select: a suitable aircraft for the mission, which requires:

* capability to climb to 24,000 feet,

* then maintain that altitude plus or minus 100 feet and

* follow a pre-programmed ground track within 50 feet of centerline for at least 4 hours

* at a groundspeed of no less than 250 knots,

* then have at least 1 hour’s fuel remaining for descent and return to base.

If the sales person sells the customer an airplane for that mission, what warranties would be implied? Explain.

Could the dealership successfully disclaim those warranties in the contract of sale? Explain.

Scenario 3

You are a commercial pilot, certified flight instructor, and aircraft owner.

You do not hold an FAA Part 135 air taxi and commercial operator certificate. You’ve been earning some income by providing flight instruction to others, in your aircraft, but are looking for other money-making opportunities. At a social event, one of your student pilots introduces you to his boss, who says he’s heard great things about you. He says he has no interest in learning to fly, but wants to know if he could hire you to fly him on business trips from time to time in your aircraft.

Could you legally rent or lease your aircraft to him, then have him hire you part-time to fly it? Explain.

Using your search engine, locate the URL to a current advertisement for an aircraft for sale.

1. Post your URL

2. Review the URLs posted by your classmates. Choose two to analyze. Post your response by replying to their thread. Include in your analysis:

• identify all warranties that are expressed in or implied by the ad

• identify any representations in the ad that may be puffery

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

Your home town is considering building a new public airport in an effort to attract industry and jobs to the area. You have been hired as a consultant on the project. In preparation for a city council meeting on the project, where the concerned public will be in attendance, you are instructed to prepare answers to the following questions:

1. Is any federal money available to help with the costs of the project? If so, describe.

2. How can we control aircraft noise at the airport?

3. How can we prevent developers from building tall structures that could obstruct the airport’s approaches?

4. How can we prevent developers from building homes and other noise-sensitive projects where aircraft noise will be loud?

5. Can we regulate what kinds of aircraft and aviation activities use the airport? Explain. Scenario 2

You are a consultant to a county that is planning to build a new general aviation airport capable of accommodating business jets in a sparsely-populated area that is now used entirely for agriculture. Airport planners have projected the surface noise impact of the airport and overlaid the FAA obstruction clearance requirements for the approaches to each of the airport’s runways.

Referring to this example: Airport Noise Projection and Required Obstruction Clearance Diagram

1. Identify which land, if any, you recommend the county purchase outright, explaining why.

2. Identify what areas, if any, you recommend the county impose land use zoning to preclude noise-sensitive uses, explaining why.

3. Identify what areas, if any, you recommend the county impose height zoning, explaining why.

Scenario 3

The Town of Pleasantville owns and operates a municipal airport serving general aviation. The town accepted federal Airport Improvement Program funds as recently as 2003 for various airport improvement projects.

1. There is a restaurant on the airport, and another is proposed. The present one is owned and operated by a local family that has lived in the area for generations, while the new one is proposed by a national restaurant chain. The airport board would like to protect the local restaurant from competition from the out-of-town chain. Can the board legally exclude a second restaurant from the airport? Explain.

2. There is an FBO on the airport, and another is proposed. The present one is owned and operated by a local family that has operated the FBO for generations, while the new one is proposed by an international FBO chain. The airport board would like to protect the local FBO from competition from the big chain. Can the board legally exclude a second FBO from the airport? Explain.

3. If either of the previous questions would violate the provisions of the town’s grant agreement with the FAA, what recourse is available to the applicant whose proposal was rejected by the board?

Post your thorough and complete answers to any one of the following scenarios:

Scenario 1

An aircraft repairman is looking for ways to cut costs. He’s heard that the alternators used in piston-powered general aviation aircraft are identical to automotive ones, except for the data plate and price, with the aircraft ones costing about four times as much as the automotive.

The mechanic picks up a used automotive alternator cheap from a junkyard, cleans it up and paints it, fabricates and attaches a reasonable facsimile of an aircraft alternator data plate, and installs the alternator on a customer’s aircraft, charging the customer the price of a new aircraft alternator.

• Has he committed any crimes?

• If so, and the aircraft crashes as a result of the alternator failing while flying in clouds, killing the owner-pilot, what are the possible penalties the repairman could face? Scenario 2

An aircraft owner-pilot has learned aerobatics and gotten into the airshow business as a performer. His aircraft doesn’t carry much fuel, which is fine for the aerobatic performances over the airport, but requires frequent fuel stops en route to and from shows.

The airplane has two seats, and although the owner-pilot isn’t FAA-certified as a mechanic he does have some mechanical aptitude. He fabricates a fuel tank that fits into the other seat where he can secure it with the restraint harness and has a quick-disconnect fuel line, so he can pull the tank out when he arrives at the airshow site, fly his routine without it, then quickly re-install it for the flight home. He takes it up for a local flight test and it works fine.

• Has he committed any crimes?

• If so, what are the possible penalties he may face?

Post your thorough and complete answers to any one of the following topics:

Topic 1:

In your opinion, is it reasonable to require all airline passengers to submit to full-body imaging and pat-down pre-boarding searches? Explain.

Topic 2:

In your opinion, should airline pilots be required to go through the same pre-boarding screening as passengers? Explain.

Post your answers to any two of the following:

Scenario 1

A secretary employed by an aircraft dealership regularly works 9 am – 5 pm, 5 days a week. The secretary’s duties include completing all of the forms needed to close aircraft sales and to be present during closings to make any changes that may arise. Sometimes, closings are not completed until after 5 pm. When that happens, the secretary is allowed to come to work later the following workday morning to compensate for having worked late to help finish closing the sale.

• Is the employer in compliance with the law? Explain.

• If this is a violation, what are the possible consequences to the employer? Scenario 3

You are a pilot for a U.S. airline whose pilots are not represented by a union or working under a collective bargaining agreement. As a cost-saving measure, airline management decides to drop the pilots’ health insurance benefit.

• Can the company legally impose this change immediately and unilaterally, or is it required to first follow some specified procedure?

• Explain.

Scenario 2

South Carolina is an employment at will state. Management of an aerospace manufacturing plant located there learns the identities of a half-dozen of the company’s machinists who are surreptitiously circulating authorization cards among their co-workers in an effort to become represented by a union.

• Is the company running any legal risks if it fires those employees without stating a reason for their discharge?

• Explain.

Scenario 4

You are an avionics technician employed by an airline, all of whose maintenance personnel are represented by a union and working under a union contract with the company. You dislike unions, don’t want to be a member of the union or to have to pay union dues, and don’t want the union representing your interests.

• Can you opt out and cut your own deal with management?

• Explain.

Scenario 5

If you are employed as a pilot by a company that is not an air carrier, is it to your advantage or disadvantage to be classified by the U.S. Department of Labor as a “learned professional”? Explain.