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Aviation Law > Exam 3 > Flashcards

Exam 3 Flashcards

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0
Q

What do you want to know when buying an a/c?

A

What am I really buying?
What are my rights if the a/c turns out to be a lemon?
Am I getting a clear a/c title?

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1
Q

Where are all the A/C records stored?

A

FAA a/c registry in OKC

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2
Q

What is a security interest?

A

Interest in an item of personal property that secures the payment if a debt

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3
Q

What do you want to know when selling an a/c?

A

Legal liability if the buyer suffers from buyers remorse

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4
Q

What will lending institutions be concerned with?

A

How can we assure that hew will get paid?

Will we have any liability if the a/c is involved in an accident?

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5
Q

What’s a possessory lien?

A

Business that provides services for the a/c can keep it until you pay the dues

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6
Q

What should you always do before buying an a/c?

A

Find out as much as you can about the a/c to prevent a possible law suit

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7
Q

What is a good practice when “closing” the deal?

A

Have the seller, buyer, lending institution and lien holder present

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8
Q

What should the buyer receive at the closing of the deal?

A

A signed bill of sale

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9
Q

What is a personal property tax?

A

Pay registration fee and specific ownership tax to state

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10
Q

What is the registration fee based on?

A

Weight of the a/c

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11
Q

What is the specific ownership tax based on?

A

Prescribed rate based on the blue book value of a/c

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12
Q

What happens if you don’t pay your a/c property tax?

A

State will repo your a/c and sell it

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13
Q

What happens if you don’t register your a/c and pay taxes?

A

It’s a misdemeanor

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14
Q

What’s a lease?

A

A contract that permits someone else to use an owners a/c

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15
Q

What’s leaseback?

A

The buyer purchases the a/c from the seller than leases it back to the seller for the sellers use

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16
Q

Which is used as a sales incentive?

A

Leaseback

Permits someone to buy something they could otherwise not afford

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17
Q

What’s the problem with a leaseback?

A

The owner pays for everything

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18
Q

What should you do as a lessor?

A

Check the lessees credit rating
Inquire previous lessors about experience, timely payment, a/c care and mx
Make sure the a/c will not be used for illegal purposes

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19
Q

What happens if your lessee uses the a/c for illegal activities?

A

A/C may be seized or forfeited by the government

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20
Q

What should be included on an a/c lease contract?

A 
Who's the operator
Do they use it all the time
Who's doing the inspections
Who's paying the expenses
Who's paying the insurance
Who's paying for Crew expenses
Is a Hobbs or tach used
How long is the lease for
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21
Q

Does a lease agreement have anything do to with the FAA, part 135, etc.?

A

No

22
Q

What’s stated in far 91.501(c)(1) and (3)?

A

Fractional ownership

Very limited exception to use an a/c under a joint ownership or time sharing agreement under part 91

23
Q

To what a/c does far 91.501(c)(1) and (3) apply?

A

Large and turbine powered multi engine a/c

24
Q

When you fly more than 50 but less than 200 hours you should …?

A

Have a fractional ownership

25
Q

When you need an a/c less than 50 hours you should …?

A

Charter a/c

26
Q

When you use an a/c for more than 200 hours you should … ?

A

Own an a/c

27
Q

What are the two biggest causes for lawsuits at airports?

A

A/C noise

Keeping the airport approach clear of obstacles

28
Q

Which was the first imminent domain law suit?

A

United States v. Cosby

29
Q

What was the lawsuit allegheny airlines v. Village of cedar hurst about?

A

Village prohibited a/c to fly over it less than 1000ft

30
Q

What was the outcome of allegheny airlines v. Village of cedar hurst?

A

Supreme Court used supremacy clause and voided the altitude restriction imposed by cedar hurst

31
Q

What was also a major factor in the decision against the village of cedar hurst?

A

Flight restrictions would’ve prevented interstate commerce

32
Q

What was the ruling in stagg v. Santa Monica?

A

Restrictions on jet a/c were not in conflict with the supremacy clause and therefore legal

33
Q

In the case Lockheed v. Burbank, what did footnote 14 state?

A

Government owned airports may deny use of the airport to a/c based on noise as long as it does not interfere with interstate commerce

34
Q

What were the 5 restrictions Santa Monica airport used after the ruling in Lockheed v. Burbank?

A

Curfew (no engine starts between 11pm - 6am)
No flight training on weekends and holidays
No helicopter flight training
A/C exceeding 100 decibel were prohibited
No jets

35
Q

Which of the 5 restrictions at Santa Monica was thrown out by the court?

A

No jets

36
Q

When you make a deal with the FAA how many years are you bound to the FAA?

A

20 years

37
Q

Can the FAA do anything if obstructions are built in the approach segment of an airport?

A

Can’t stop the building of obstruction, but will shut down approaches

38
Q

What can a government entity do that owns an airport?

A

Impose curfews and limitations as long as they don’t affect interstate commerce
Buy land in the vicinity of an airport through eminent domain
Impose land use zoning and height zoning in the vicinity if airport
Add soundproofing requirements to building codes
Enter into intergovernmental agreements to accomplish items 2 - 4
Close the airport unless AIP funds have been received

39
Q

What can private airport owners do?

A

Purchase land adjacent to airport but only if owners are wiling to sell
Impose limits on the use of the airport unless AIP funds have been received

40
Q

What is employment at will?

A

Companies can fire employees for any reason

Employees can quit for any reason

41
Q

What’s the civil rights act of 1964 about?

A

Prohibits employer from discrimination based on race, color, religion, sex, national origin

42
Q

What does the fair labor standards act state?

A

Outlaws employment of children under 16
Provides a federal minimum wage
Over time if work for over 40 hours a week

43
Q

When can an employee be exempt?

A 
Employer proves that employee is
An executive
Administrative
Professional
Computer
Outside sales person
44
Q

What’s the civil service reform act about?

A

Signed by congress

Federal workers have the right to bargain but can’t strike

45
Q

When was the railway labor act established?

A

1926

46
Q

What is the railway labor act of 1926 about?

A

Transportation employees can engage in collective bargaining and strike

47
Q

How can you get rid of a union?

A

The newly elected president of the union resign

48
Q

What is the difference in minor and major dispute?

A

Minor dispute mostly involve a single worke

Major dispute involve the negotiation of a new employment contract or the change to an existing contract

49
Q

Who can end a strike?

A

The president

50
Q

Who was Petco a member of?

A

Afl-cio

51
Q

Which was the first big union in the us?

A

Afl-cio

52
Q

Which was the first strike against the federal government?

A

Petco strike

53
Q

What was the result of the Petco strike.

A

12,000 workers were fired
Fines against union leaders and union
Jailing of some union leaders
Decertification of union

Aviation Law (2 decks)

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