The National Transportation Safety Board (NTSB) plays a vital role in the safety of virtually all modes of transportation, including railroads, highways, shipping and pipelines. While many know that the
Continue Reading The Aviation Symposium Webinar Series Presents: An Inside Look at the NTSB: A Conversation with David Tochen
December 2017
Drone v. Helicopter: And the loser is…
The NTSB Report into the midair collision between a DJI Phantom and an army Blackhawk helicopter has been released and not surprisingly, the probable cause of the accident was sUAS…
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NTSB Reauthorization– Part I
The U.S. Senate Committee on Commerce, Science, and Transportation completed work the week of December 4th, on a legislative proposal to reauthorize the National Transportation Safety Board (NTSB).
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“Sir/Madam, Show Me Your License and Registration”
The long and tortured path to mandatory registration of all hobby aircraft appears finally to be at an end. After a seven month hiatus, the law is changing once again, and the registration requirement is being reinstated.
As most of you will remember, the FAA unexpectedly issued regulations on an emergency basis just before Christmas 2015 that required all hobby aircraft under .55 pounds to be registered with the FAA.
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‘Tis the season for drones- so learn the rules of the sky
Predictions about the number of drones that will be given as gifts this holiday season have “taken off.” According to the Consumer Technology Association, Americans will buy about 1.6 million…
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The 2018 Aviation Symposium… “An Airplane Is Down!”
First Responders, Family Assistance, Emergency Response and More
The Aviation Symposium is a unique event. In this era of unprecedented aviation risk, it is imperative that all sectors of the…
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“This is Your Flight Attendant Speaking . . .”
Flight attendants play a vital role in commercial air transportation. Not only do they help facilitate travel, they also serve a critical function in the event of an emergency. In addition, according to a new ruling from the Eastern District of Pennsylvania, statements made by flight attendants to opposing counsel in a lawsuit can bind the company.
That ruling comes in a somewhat unusual context. In 2016, the Plaintiff, Regina Raub, was injured while traveling on a US Airways flight from Cancun, Mexico to Philadelphia, Pennsylvania when the aircraft unexpectedly encountered some turbulence.
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UAS: Preemption Means Preemption!!
State and local governments have not been shy about attempting to regulate almost every aspect of drone operations. Some of these efforts have been completely appropriate and aimed at areas subject to local control, such as prevention of stalking and voyeurism. However, all too often, state and local governments have also turned their attention to issues completely under federal control.
One example of just such an ill advised ordinance was passed by the City of Newton, Massachusetts in December 2016. This law:
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Welcome to Plane-ly Spoken!
You may be wondering where we’ve been. Well, like our aviation practice, our blog has undergone a transformation; www.planelyspokenblog.com has undergone a transformation to www.Plane-lySpoken.com. No “Blog” and, like…
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Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!
Originally posted August 11, 2017
Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated aviation component parts. Back in 2014, the United States District Court for the Middle District of Pennsylvania ruled that design defect claims against certificated product manufacturers were completely preempted by the Federal Aviation Act. In 2016, the United States Court of Appeals for the Third Circuit reversed, finding that the certification process does not automatically preempt the entire field of safe design. The Court of Appeals did, however, leave open the possibility that under the right facts, liability under state tort law might be incompatible with the Federal Aviation Regulations, producing enough of a conflict to preempt state law, and ordered the lower court to take anther look at the issue.
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