Aviation Law: A Comprehensive Guide to FAA Regulation and Liability

48 questions on aviation law, answered and cited by the UpLaw editorial team.

• Are drones considered "aircraft," and is it legal to shoot one down over your property?
• Can an airline passenger sue under the DOT's consumer-protection rules or the Air Carrier Access Act?
• Can a passenger recover for purely emotional or mental injury under the Montreal Convention?
• Can a state regulate what an air ambulance charges?
• Can I sue an airline for breaching its contract of carriage, or is that preempted?
• Can you sue the United States for an air traffic controller's error?
• Does 49 U.S.C. § 44112 protect a passive aircraft owner or lessor from liability for a crash?
• Does an FAA type certificate bar a state-law design-defect claim against an aircraft manufacturer?
• Does complying with Part 107 protect a drone operator from nuisance, trespass, or privacy claims?
• Does federal law preempt the standard of care in an aviation injury case?
• Does the Montreal Convention preempt state-law claims, even when it provides no recovery?
• Do I own the airspace above my property, and when is airport noise a "taking"?
• How and where do you challenge a final FAA order?
• How does forum non conveniens affect an aviation crash suit brought by foreign plaintiffs?
• How does the FAA regulate emerging technologies like eVTOL air taxis and commercial spaceflight?
• How is title to an aircraft recorded and perfected in the United States?
• Is a claim for breach of the implied covenant of good faith against an airline preempted?
• Is an NTSB accident report admissible in a lawsuit, and can you get the cockpit voice recording?
• What are the three certificates required to put a new aircraft design into service?
• What are the three federal preemption doctrines in aviation law?
• What counts as an "accident" under Article 17 of the Montreal Convention?
• What does it mean that the United States has "exclusive sovereignty" over its airspace?
• What does Part 107 require to fly a drone commercially?
• What does the Airline Deregulation Act preempt?
• What is an Airworthiness Directive, and what happens if you ignore one?
• What is an emergency revocation of an airman certificate, and how is it appealed?
• What is GARA's "rolling provision," and what are the exceptions to the 18-year repose?
• What is the "1,500-hour rule" for airline pilots?
• What is the ASRS "immunity," and how does a pilot get it?
• What is the Cape Town Convention, and how does aircraft finance get secured across borders?
• What is the circuit split over the meaning of "service" under the Airline Deregulation Act?
• What is the deadline to sue under the Montreal Convention, and where can I file?
• What is the Death on the High Seas Act, and how does it apply to aviation crashes?
• What is the difference between a "dry lease" and a "wet lease," and why does it matter?
• What is the difference between Part 91, Part 135, and Part 121 operations?
• What is the difference between the FAA, the NTSB, and the DOT?
• What is the FAA's Compliance Program, and how should a pilot respond to a Letter of Investigation?
• What is the FAA's statutory authority to regulate aviation safety?
• What is the GARA statute of repose, and does it apply to charter aircraft?
• What is the Montreal Convention's two-tier liability regime for passenger death or injury?
• What is the "stale complaint rule" in FAA certificate cases?
• What must an operator do after an aircraft accident, and what is the risk of NTSB "party status"?
• What passenger-protection rules does the DOT enforce against airlines?
• What standard of care applies to an airline or charter operator toward its passengers?
• When does an operator need a Part 135 air carrier certificate, and what is "common carriage"?
• When does the Montreal Convention govern an airline passenger's injury claim?
• Who pays for airport noise damage, and can a city ban night flights at a local airport?
• Why do you need a separate aviation insurance policy, and can an insurer deny coverage for a warranty breach that didn't cause the crash?