Latest from The Pre-Flight Brief - Page 2

As you know from reading our firm’s Pre-Flight Brief as well as other articles on this site, the FAA is actively investigating and taking enforcement against illegal charter operators. In the course of its investigations, the FAA has been contacting passengers and aircraft lessees involved with questionable flights. In many cases an FAA inspector will send a “questionnaire” to the passenger(s) or aircraft lessee(s) asking multiple questions about certain flights.  The response to the questionnaire,…
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 unwanted FAA attention. To start, if structured properly, these leasing structures are legal and comply with FAA regulations. They ARE…
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 privately-operated Part 91 aircraft. Paying even just the expenses for a non-commercial aircraft flight constitutes illegal charter. That puts at…
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 more calls to inquire about divorce. Steinbauer said, “The situation is forcing some folks to realize that it’s time to…
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 by aviation employers as a result of COVID-19. Unfortunately, their guidance isn’t particularly helpful, nor does it appear to provide…
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 (“FAR”), an FAA aviation safety inspector is assigned to perform an investigation. The inspector may contact the certificate holder informally (e.g. via phone, e-mail, and sometimes in-person). In other instances, the inspector will send the alleged violator a letter of investigation (“LOI”) advising that…
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 training or qualification deadlines, as well as airmen renewing their airman medical certificates. Airmen Medical Certificates The FAA issued an…
The Department of Labor, the Internal Revenue Service, and the U.S. Treasury Department has announced that as of March 20, 2020, covered employers (those with 500 or fewer employees) can begin taking advantage of the two new refundable payroll tax credits that are designed to immediately and fully reimburse employers, dollar-for-dollar, for the cost of providing COVID-19-related leave to their employees.  Many states and counties have issued “shelter in place” orders already, and more such…
As businesses large and small face the prospect of contractual breaches due to the impact of COVID-19 and related governmental orders, force majeure provisions and other contractual defenses are coming into focus.  Recent and future COVID-19 developments may impact whether the outbreak and/or its effects constitute a force majeure event. As a result, it is important for businesses to assess the force majeure provisions in their contracts to understand the extent of their rights, remedies,…
Shackelford’s Family Law Team is currently fully operational and here to help you and your family during the pandemic. Click here for Shackelford’s Family Law COVID-19 Plan. At Shackelford, Bowen, McKinley & Norton, LLP, we have a highly qualified and experienced Family Law Team which continues to work full time on behalf of our clients during our Nation’s current health and economic crisis.  We are fully committed to helping protect each client during this period…