General Aviation Legal Research Tools



General Aviation Legal Research Tools    

In this section of "Legal Issues You May Need To Know", you will be provided with some history of law and the tools to do research in the area of aviation law. We have provided some some cases studies in which you can review where individuals and or companies in aviation have violated a regulation and is or has faced some sort of reprisal. You can research the regulation through the Federal Aviation Regulations (FAR's) to determine which regulation (s) applies and review how the Department of Transportation and the FAA handle such actions. First we will take a brief look at the regulations that apply to general aviation, excluding state and county regulations. The regulations that govern aviation is known as the FAR's.

These regulations are under Title 14 of the U.S Code of Federal Regulations, Federal Aviation Regulations (FAR) Part 1 through 199. However, for the most part you will only need to deal with parts 1, 43, 61, 67, 71, 73, 91, 97, 103, 105, 119, 135, 137, 141, 142, and NTSB 830. The regulations can be found in full at the FAA regulation site on the web.  Or you can use this search tool.


As a pilot you must be familiar with these regulations.  We have listed several cases in which pilots have encountered an action for an aviation offense (s). The Department of Transportation also issues orders controlling specific circumstances, or disputes. The orders become effective after the parties in the matter have the opportunity to make arguments on different sides of the issue. When the Departmental decision maker issues a final order in a case, it is binding on the parties. However, the Board's decisions may be reviewed by a United States court of appeals.

Notices of Proposed Rule making is a notice given to the aviation community to inform them that the FAA has propose a change in a FAR (s) or that the FAA would like to impose a new regulation. This Notice of Proposed Rulemaking allows the aviation community to offer its opinion (s) before any rule becomes final. Such proposed rulemaking is first heard by the The Aviation Rulemaking Advisory Committee (ARAC) in which the committee hears from all sides. You can go to the FAA ARAC final rulemaking site to find out a conclusion on a rule.

FAA Enforcement Actions and Proceedings  ( Part 13 Investigations and Enforcement Procedures); Certificate Actions, Civil Penalties and Informal Procedures and Settlements. Read Frequently Asked Questions  for appealing before an Administrative Juge. Descriptions of the appeals processes, medical caseconsiderations, regulations, and opinions and orders. Airman Appeal Process (chart | text) Under 49 U.S.C. section 1133, the NTSB's administrative law judges hear, consider and issue initial decisions on appeals from all FAA certificate actions and civil penalty actions involving pilots, engineers, mechanics and repairmen. Also covered are petitions for certification that have been denied by the FAA. Denial of Medical Certification is a major concern for many pilots. In section you will recognize which course of action to follow in filing a petition for review with the National Transportation Safety Board (Safety Board) from a denial of medical certification from the FAA.

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