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In order for the FAA to accept an application for aircraft registration submitted by an aircraft owner-applicant, the applicant must comply with the registration requirements of 49 U.S.C. 40102(a)(15) and 44102.  Applicants must also comply with 14 C.F.R. Part 47. The applicant requirements vary somewhat depending upon whether the applicant is an individual, a partnership, a corporation, a limited liability company etc.  If the applicant is unable to satisfy the requirements, the FAA…
By Kenneth Artz and Mark Moore | March 17, 2021 | Law.com | Texas Lawyers Father John Szatkowski of St. Paul The Apostle Church sweeps water from a broken water line out of his church in Richardson, Texas, Wednesday, Feb. 17, 2021. Father Szatkowski and his staff found the flooding as they prepared for Ash Wednesday services. (AP Photo/Tony Gutierrez) The insurance industry is processing an unprecedented amount of claims following the brutal winter storm…
NAFA member, David Mayer,  Partner at Shackelford, Bowen, McKinley & Norton, LLP, shares his perspective of business aviation amid the pandemic. Shifting markets are creating new opportunities in a world altered by COVID-19. Here are some to consider. WITH EVERY NEW YEAR COME HOPES FOR A BETTER WORLD, and 2021 is fairly bristling with them. Of particular relevance to equipment finance companies is the Equipment Leasing & Finance Foundation’s 2021 Equipment Leasing & Finance U.S.…
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? Before I answer that question, I think a little background may be helpful.  As you may know, 14 C.F.R. §
By Carson Epes Steinbauer | October 2020 | Dallas Bar Association, Headnotes, 23 Sometimes better turns to worse, and what once was true may no longer be so. High-net-worth couples dealing with divorce face many complex challenges, including but not limited to the preservation, valuation, and division of ownership interests in privately held companies, and the fraudulent dissipation of assets. There is no worse fraud than that committed by one spouse upon the other. In 1977,…
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 Airport Sponsor is not complying with certain Grant Assurances and harming the tenant. Some of the most commonly disputed Grant…
From the FAA’s perspective, operational control in aircraft leasing transactions is not just a “big deal”, it is “the” deal. What Is Operational Control? 14 C.F.R §1.1 defines operational control as “the exercise of authority over initiating, conducting or terminating a flight.”  In a “wet” lease situation, since the lessor is providing both aircraft and crew, the lessor maintains operational control of all flights.  And in the absence of a specific exemption (such as under…
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 take legal enforcement action against any pilots who operated aircraft on these illegal charter flights.  The FAA’s action typically involves…
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 Special Issuance of Medical Certificate (“Special Issuance”) to an airman who does not qualify for an unrestricted…
By David Norton | November 11, 2020 | The Texas Lawbook I was probably 4 years old, and I instantly fell in love. She was a Ford Tri-Motor (commonly called a “Tin Goose”), built sometime in the 1920s and now being used by a small charter airline to fly passengers on a short hop out to an island in Lake Erie. Climbing up into the airplane, I looked up the aisle, saw the cockpit and was…