Aviation Law:87 Exam 1 Questions With Correct Answers
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Course
Aviation Law
Institution
Aviation Law
Only CONVICTIONS of drug or alcohol related traffic offenses or the denial, cancellation, suspension, or revocation of your driver's license must be reported.
Can the decision on that appeal by appealed any further? If so, by whom and to whom? - ️️The decision made at the U.S. Court of Appeals...
Aviation Law:87 Exam 1 Questions
Only CONVICTIONS of drug or alcohol related traffic offenses or the denial, cancellation, suspension, or
revocation of your driver's license must be reported.
Can the decision on that appeal by appealed any further? If so, by whom and to whom? - ✔ ✔ The
decision made at the U.S. Court of Appeals is the end of the road for your appeal rights. To make it to
the Supreme Court, you have to submit a Petition for Writ of Certiorari, and then the Supreme Court
must choose whether or not to hear your case. The Supreme Court has never chosen an FAA
enforcement case for review.
Can the FAA both require you to submit to reexamination and suspend your certificate for the same FAR
violation? Why? - ✔ ✔ Yes, where the FAR violation caused concern about your qualifications, the
FAA can both require you to submit to reexamination and punish you for the violation by certificate
action or fine.
Can the FAA both suspend your certificate and fine you as punishment for the same FAR violation?
Why? - ✔ ✔ No, Constitutional prohibitions against double jeopardy have generally been construed
to allow the FAA to either impose a fine or take certificate action, but not to do both for the same
violation. However, most incidents give rise to more that one regulatory violation (careless or reckless
operation)
Can the full NTSB's decision be appealed further? If so, by whom and to whom? - ✔ ✔ Yes, either
party can appeal the decision made by the full NTSB board to the U.S. Court of Appeals
Can the judge's initial decision be appealed further? If so, by whom and to whom? - ✔ ✔ Yes, it can
be appealed by either party to the full board (5 political appointees in Washington, D.C.).
Can your chosen form of business protect you from personal liability for the consequences of your own
negligence or intentional torts? - ✔ ✔ No
Describe the complete analytical process by which you will determine whether or not it is legal for you
to continue to act as a pilot or other required flight crewmember. - ✔ ✔ Is the condition you are
experiencing one of the disqualifying conditions listed?
Use good judgement
Do you have the right to a jury trial at any point in an appeal from an FAA certificate action? - ✔ ✔
No, the NTSB administrative law judge alone will decide your fate
, Does the IRS have the authority to determine that a person is (or was) an employee of the business
rather than an independent contractor even if the business had an agreement signed by that worker
stating that she is an independent contractor? - ✔ ✔ Yes
Does the judge have the authority to change the suspension to a fine? - ✔ ✔ Yes, the judge can
reduce the term of the suspension, reduce revocation to suspension, change the penalty to a fine, or
drop the case altogether.
Does the National Aeronautics and Space Administration (NASA) have any aviation responsibilities other
than technological and aerodynamic research and development? If so, describe. - ✔ ✔ Yes, NASA
also administers the confidential Aviation Safety Reporting Program (ASRP), designed to identify
problems in the National Air Transportation System, especially those related to air traffic control.
Does the National Transportation Safety Board (NTSB) have any aviation responsibilities not relating
directly to aircraft accidents? If so, describe. - ✔ ✔ Yes, the NTSB also serves as the first level of
appeal in cases where the FAA has taken enforcement action to suspend or revoke a certificate or to
impose a fine.
Falsification of Documents - ✔ ✔ Punishable by up to five years in a federal prison and/or a $250,000
fine
From a risk management standpoint, which form or forms of business organizations serve to protect the
owners from personal vicarious liability for torts committed by employees
acting with the scope of their employment? - ✔ ✔ Corporation
Limited Liability Company
Limited Liability Partnership
How can you tell if it is legal for you to fly while you are taking medication? - ✔ ✔ Consult your AME.
Does the drug affect vision, alertness, judgement, or sense of balance?
If the FAA and its counterpart agencies in other nations were interested in collaborating to make civil
aircraft certification standards globally uniform, what organization would logically coordinate that
effort? Where is that organization headquartered? - ✔ ✔ The International Civil Aviation
Organization (ICAO), which is headquartered in Montreal.
If the FAA doesn't know about your violation, will it find out because you file an Aviation Safety Report
with NASA? - ✔ ✔ No
If the FAA issues an Emergency Order of Suspension or Revocation against your certificate, how will the
procedure differ from that described in your answer to Question 7? - ✔ ✔ Your certificate will be
physically surrendered and remain invalid during the entire appeals process.
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