Aviation law Custom Essay


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Foxtrot-Whiskey Air Ltd is a company registered in the UK. It is owned by Frank and Wendy Brown. Frank manages the company and Wendy is a part-time employee. The company holds an Air Operator’s Certificate and runs charter operations to various destinations for a variety of purposes. Typically, it will ferry jockeys to race meetings, conduct flying lessons, aerial photography, parachute jumping, maintenance and self-hire facilities for private pilots. All aircraft carry insurance and have public transport category Certificates of Airworthiness.
* Advise the parties in both of the following situations;
* In Part 1 you should advise both Frank and Carl. In Part 2 you should advise Frank, Dan and Freda.

1 Carl is a wealthy businessman. He regularly hires a Warrior aircraft to fly from Luton to Cumbernauld (Scotland) on business. Carl has to conclude a transaction in Scotland in order to save his business, but has not flown for 10 months and his instrument rating has lapsed. Frank is flying at the time Carl visits the airfield, but Carl manages to convince Wendy that he is “current” and she allows him to take the aircraft away. Carl had to fly in controlled airspace. In fact, Luton airport is designated as a CTR/CTA and is Class D airspace. Carl flies along designated airways in accordance with his filed flight plan in conditions of poor visibility, in cloud and out of sight of the ground. Close to his destination, Carl starts to descend through cloud but suffers an engine failure and glides to land in a farmer’s field. For the last part of his descent, Carl entered uncontrolled airspace, made no radio calls and dropped luggage out of the aircraft to lighten weight and prolong his descent. Subsequent investigation reveals that the engine stopped due to fuel starvation, there being insufficient fuel for the intended flight. Evidence indicates that Carl may also have falsified some of his recent log book entries.

2 Frank checks out Dan, a recently qualified private pilot, who has just purchased a Robinson R22 helicopter. Dan is a keen pilot but assertive, over-confident, and heavy handed, facts that Frank made clear to him on his check ride. Frank strongly urged Dan to practise further before he took any passengers up. Dan ignored this advice and immediately took Freda up for a ride. Freda is a large lady weighing over 110 kgs and with a full fuel load the helicopter struggled on take off. Dan had never flown the helicopter at its all up weight. Dan discovers that the helicopter’s rate of climb is poor because it is a very hot day and has to steer around a local grain silo to avoid hitting it. The rotor blades strike the edge of the silo. Dan tries to land the aircraft, but the impact is heavy and he damages it further. Freda disembarks and Dan flies the aircraft to a repair company for repairs. Sam, an engineer, inspects the damage and informs Dan that the aircraft was unsafe to fly and that he, Dan, was “an idiot to fly the aircraft in such a state, it could have fallen to bits in the air”. Agitated, Dan returns by car to Frank and promptly hires an identical helicopter informing Frank that his own machine has suffered “an electrical fault” and that he wants to practice solo flying. Dan does not disclose the previous incident. Frank agrees to the hire and Dan returns to pick up Freda to take her for another local flight. On this occasion, the helicopter crashes into telephone cables near to the grain silo due to the same inability to climb over the obstruction. Freda is badly injured as a result of the crash.

suggested references
Further Reading
Verschoor, I.H. An Introduction to Air Law 2006, Edn 8, Kluwer Law, ISBN: 9041124586
Cheng, B. The Law of international Air Transport 1977, Out of Print
Blackshaw, C. Aviation Law & Regulation, a framework for the Civil Aviation Industry, Blackwell, ISBN: 0273034464. Out of print (selected chapters only).
Your assignment must follow these formatting requirements:
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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