AMT 442 FINAL EXAMS VERIFIED QUESTIONS AND CORRECT
ANSWERS
Administrative action
- ANSWERS-FAA provides either verbal or written counseling and is often taken by the FAA in incidents
with a low safety risk where an individual was careless or a business unintentionally violated an FAR. Does
not result in a finding of violation or the imposition of a sanction. Warning Notices or Letter of Correction
Are you required to obtain a medical certificate to train for a sports pilot certificate
- ANSWERS-No
Exceptions of FTCA
- ANSWERS-Feres doctrine which prohibits suits by military personnel for injuries sustained incident to
service, discretionary function exception which makes the US immune from the acts or omissions of its
employees that involve policy decisions, intentional tort exception which prevents lawsuits against the US
for assault and battery among other intentional torts unless they are committed by federal law
enforcement or investigative officials
Explain three differences between the Warsaw Convention and the Montreal Convention
- ANSWERS-Montreal was to modernize the Warsaw Convention. 1. multi-tiered liability system was
created. 2. Punitive damages are no longer allowed for willful misconduct. 3. Now a fifth location in which
a passenger can file a suit (permanent estate)
FAA inspectors substantiate their findings and document their actions in something called an EIR. What is
this?
- ANSWERS-Enforcement Investigative Report. Used to substantiate any contemplated enforcement action.
Contains all the information about the alleged violation including a description of the incident, evidence,
and the statutes/regulations that have been violated
How to apply res ipsa loquitur
- ANSWERS-Plaintiff must prove that the accident is not the type that happens in the absence of
negligence, the defendant had exclusive control of the instrumentality that caused the injury, the plaintiff
did nothing to contribute to his or her injuries
If you appeal the FAA's determination regarding a legal enforcement action, what type of huge will hear
your case? Who is the judge employed by? Will there be a jury?
- ANSWERS-NTSB administrative law judge (ALJ), no jury employed by the NTSB
, If you do not prevail in the underlying case who do you first appeal to? What if you fail to prevail on the
first appeal?
- ANSWERS-ALJ, entire NTSB, federal district court or court of appeals
If your health changes to the point where you cannot fly, do you have to notify the FAA immediately?
- ANSWERS-No
In determining what type of law will apply in an airline accident case, why is it important if the plane is a
common carrier?
- ANSWERS-The duty that carriers owe passengers on domestic common-carrier flights is the highest
standard of care. A plane is deemed to be a common carrier if it provides air travel to all passengers
without discrimination at a uniform price
In order to determine if you were involved in an accident, which federal regulation would you review?
- ANSWERS-Part 830
In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?
- ANSWERS-1979 Swissair flight crashed in Greece due to overshooting the runway on landing. Greek
prosecutors brought negligent manslaughter, negligent bodily injury, and disrupting the safety of air
service charges against pilot and FO.
Legal action
- ANSWERS-The most serious action that the FAA can pursue against a pilot, these result in certificate
actions or assessment of civil penalties (fines). Burden of proof required (>50%), attempting to suspend or
revoke a certificate
List the different classes of medical certificates. What class must an air transport pilot maintain? Controller?
Private pilot?
- ANSWERS-First class - airline transport pilot. Second class - commercial pilot & controllers. Third class -
students, recreational and private pilots
List the three types of preemptions
- ANSWERS-Conflict preemption (state law conflicts with federal), express (federal statute explicitly states
that it preempts state law) implied/field (federal law is so pervasive as to occupy the field in that area of
the law)
ANSWERS
Administrative action
- ANSWERS-FAA provides either verbal or written counseling and is often taken by the FAA in incidents
with a low safety risk where an individual was careless or a business unintentionally violated an FAR. Does
not result in a finding of violation or the imposition of a sanction. Warning Notices or Letter of Correction
Are you required to obtain a medical certificate to train for a sports pilot certificate
- ANSWERS-No
Exceptions of FTCA
- ANSWERS-Feres doctrine which prohibits suits by military personnel for injuries sustained incident to
service, discretionary function exception which makes the US immune from the acts or omissions of its
employees that involve policy decisions, intentional tort exception which prevents lawsuits against the US
for assault and battery among other intentional torts unless they are committed by federal law
enforcement or investigative officials
Explain three differences between the Warsaw Convention and the Montreal Convention
- ANSWERS-Montreal was to modernize the Warsaw Convention. 1. multi-tiered liability system was
created. 2. Punitive damages are no longer allowed for willful misconduct. 3. Now a fifth location in which
a passenger can file a suit (permanent estate)
FAA inspectors substantiate their findings and document their actions in something called an EIR. What is
this?
- ANSWERS-Enforcement Investigative Report. Used to substantiate any contemplated enforcement action.
Contains all the information about the alleged violation including a description of the incident, evidence,
and the statutes/regulations that have been violated
How to apply res ipsa loquitur
- ANSWERS-Plaintiff must prove that the accident is not the type that happens in the absence of
negligence, the defendant had exclusive control of the instrumentality that caused the injury, the plaintiff
did nothing to contribute to his or her injuries
If you appeal the FAA's determination regarding a legal enforcement action, what type of huge will hear
your case? Who is the judge employed by? Will there be a jury?
- ANSWERS-NTSB administrative law judge (ALJ), no jury employed by the NTSB
, If you do not prevail in the underlying case who do you first appeal to? What if you fail to prevail on the
first appeal?
- ANSWERS-ALJ, entire NTSB, federal district court or court of appeals
If your health changes to the point where you cannot fly, do you have to notify the FAA immediately?
- ANSWERS-No
In determining what type of law will apply in an airline accident case, why is it important if the plane is a
common carrier?
- ANSWERS-The duty that carriers owe passengers on domestic common-carrier flights is the highest
standard of care. A plane is deemed to be a common carrier if it provides air travel to all passengers
without discrimination at a uniform price
In order to determine if you were involved in an accident, which federal regulation would you review?
- ANSWERS-Part 830
In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?
- ANSWERS-1979 Swissair flight crashed in Greece due to overshooting the runway on landing. Greek
prosecutors brought negligent manslaughter, negligent bodily injury, and disrupting the safety of air
service charges against pilot and FO.
Legal action
- ANSWERS-The most serious action that the FAA can pursue against a pilot, these result in certificate
actions or assessment of civil penalties (fines). Burden of proof required (>50%), attempting to suspend or
revoke a certificate
List the different classes of medical certificates. What class must an air transport pilot maintain? Controller?
Private pilot?
- ANSWERS-First class - airline transport pilot. Second class - commercial pilot & controllers. Third class -
students, recreational and private pilots
List the three types of preemptions
- ANSWERS-Conflict preemption (state law conflicts with federal), express (federal statute explicitly states
that it preempts state law) implied/field (federal law is so pervasive as to occupy the field in that area of
the law)
