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    Transportation (Aviation)

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  • Aviation transportation practice encompasses all aspects of flight-related endeavors, such as: air pollution; aircraft; airlines; airport construction; airport maintenance; airports; baggage handling; drug-smuggling; environmental pollution; fixed-base operators (FBOs) (aircraft maintenance entities located at airports); flight schools; fuel; helicopters; hijacking; immigration; noise pollution; regulatory; security; transportation to and from the airport (whether by: bus; car; charter vehicle; helicopter; light rail; railroad; subway; taxi; and the like).

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  • Representation for: aircraft buyers; aircraft parts companies; aircraft sellers; airlines; banks; brokers; FBOs; fleet operators;  fuel supply entities; lenders; lessees; lessors; private owners.

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  • Negotiating and drafting various agreements, contracts, documents and templates related directly to aviation transportation practice, such as for: air charter; air transport; air waybill terms and conditions; aircraft assets security; aircraft charter; aircraft consignment; aircraft conversion; aircraft dry lease (which excludes any requirement for the lessor to provide crew, insurance maintenance); aircraft engine lease; aircraft financing lease; aircraft fuel; aircraft maintenance; aircraft maintenance and modification services; aircraft mechanics lien; aircraft operating lease; aircraft management; aircraft purchase; aircraft registration; aircraft sale; aircraft security; aircraft storage; aircraft participation; aircraft performance guarantees; aircraft redemption and refinancing; aircraft sale; aircraft wet lease (in which the lessor provides crew, insurance maintenance); airline charter associate; airline collective bargaining; airline labor; airline participation; airport counter lease; airport gate lease; airport improvement program (AIP) grant; airport lease; airport use; aviation security; avigation easement; baggage handling services; bilateral aviation safety (BSAA); block time; cargo handling services; code share and revenue sharing; consignment; consolidator; conversion; contract carrier; cooperative fire management; custom pricing; engine leasing; engine pooling; fixed-base operator (FBO); flight school; flight school leaseback; forest fire cooperation; fractional purchase; fractional sale; global distribution system (GDS) (for booking networks such as Amadeus, Apollo Galileo, Sabre, Travelport, Worldspan, and the like); ground handling; hanger construction; hanger design; hanger maintenance; hanger repair; helicopter dry lease (which excludes any requirement for the lessor to provide crew, insurance maintenance); helicopter financing; helicopter maintenance; helicopter purchase; helicopter registration; helicopter sale; helicopter storage; helicopter wet lease (in which the lessor provides crew, insurance maintenance); host reservation services; in-flight entertainment system; indirect air carrier; interchange; joint use; like-kind exchange (Internal Revenue Code § 1031); maintenance-repair-overhaul (MRO); joint venture; master lease (MLA); membership interest purchase; national master freight (NMFA); negotiated fares maintenance; net consolidator; net fare and commission; price confidentiality for internet publication; runway construction; runway demolition; runway maintenance; runway repair; partnership; purchase; negotiated fares; terminal construction; terminal maintenance; terminal repair; tiedown; time charter; transportation of goods; trustee aircraft security; venture capital; waybill terms and conditions.

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  • Compliance with domestic Federal and state, and international, administrative agencies, frameworks, guidelines, laws, recommendations, regulations, rules and statutes, related directly to aviation transportation practice, such as the:  14 Code of Federal Regulations (CFR) – Aeronautics and Space; 14 CFR Parts 21, 25, 33, 61, 91, 121, 125, and 135 (for aviation safety); 14 CFR Parts 43 and 145 (maintenance and repair); 14 CFR Part 49 (recordation of mortgages, security instruments and other financial liens on aircraft); 14 CFR Parts 71 and 77 (for air traffic control); 14 CFR Part 91 (dry leasing and general flight and operating rules for all civil aircraft); 14 CFR Part 121 (cargo carriers); 14 CFR Part 125 (for large aircraft); 14 CFR Part 135 (for commuter aircraft and on-demand flights); 14 CFR Part 139 – Airport Certification;  14 CRF Part 150 (for noise impact assessments); 14 CFR Part 212 (large aircraft on-demand flights); 14 CFR Part 250 (for boarding rights); 14 CFR 259 (for carrier delay notifications); 14 CFR Part 298 (on-demand passenger or cargo flights); 14 CFR Part 380 (large and small aircraft for public charters); 49 CFR Part 1546 – Foreign Air Carrier Security, International Safety Assessment Program (IASA); 49 United States Code (USC) – Transportation; 49 USC §§ 41308–4130949 (regulating immunity for US and foreign carriers);  49 USC § 40102 (providing general rules relating to M&A activities); 49 USC § 41712 (regulating deceptive trade practices and unfair competition); 49 USC § 41720 (regulating code-sharing, cooperative agreements, corporate service agreements and joint ventures); 49 USC § 44706 (airport certification); Air Carrier Access Act (ACAA); Air Transportation Safety and System Stabilization Act (ATSSSA); Air Transportation Stabilization Board (ATSB); Aircraft Safety Act (ASA); Airline Deregulation Act (ADA); Americans with Disabilities Act (ADA); Aviation and Transportation Security Act (ATSA); Aviation Medical Assistance Act (AMAA); California Consumer Privacy Act (CCPA); California Privacy Rights Act (CPRA); Clean Air Act (CAA); Coronavirus Aid Relief and Economic Security (CARES) Act; Customs and Border Protection (CBP); Cybersecurity and Infrastructure Security Agency (CISA); Defense Logistics Agency (DLA); Department of Transportation (DOT) economic authority; DOT Essential Air Service (EAS) Program; DOT Small Community Air Service Development Program (SCASDP) (under 49 USC § 41743); Federal Aviation Act (FAA); Federal Aviation Administration (FAA); FAA Reauthorization Act (FAARA); Federal Aviation and Administration Authorization Act (FAAAA); Federal Communications Commission (FCC); Federal Tort Claims Act (FTCA); Fly America Act (FAA); Foreign Sovereign Immunities Act (FSIA); Friendly Airports for Mothers Improvement Act (FAMIA); General Aviation Revitalization Act (GARA); Independent Safety Board Act (ISBA); Intelligence Reform and Terrorism Prevention Act (IRTRA); International Air Transport Association (IATA); Lanham Act (a/k/a Trademark Act); National Aeronautics and Space Act (NASA); National Aeronautics and Space Administration (NASA); National Transportation Safety Board (NTSB); New York State Stop Hacks and Improve Electronic Data Security Act (SHIELD Act); Office of Foreign Asset Control (OFAC); Passenger Name Record Agreement (PNRA); Privacy Act (PA); Rehabilitation Act (RA); Rhode Island Airport Corporation (RIAC); Special Federal Aviation Regulations (SFAR); Transportation Security Administration (TSA); TSA Secure Flight Program (SFP) (under 49 CFR Parts 1540 and 1560); United Nations (UN) Convention on the Liability of Operators of Transport Terminals in International Trade (LOTT); US Department of Homeland Security (DHS).

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  • Compliance with international conventions, protocols and treaties which have been granted authority under US law, such as the: Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention); Convention for the Unification of Certain Rules relating to the International Carriage by Air (Warsaw Convention); Convention on International Civil Aviation (Chicago Convention); Convention on International Interests in Mobile Equipment (Cape Town Convention) and Aircraft Equipment Protocol; Convention on Offenses and Certain Other Acts Committed on Board Aircraft (Tokyo Convention); Convention on the International Recognition of Rights in Aircraft; Montreal Protocol No. 4 to amend the Warsaw Convention as Amended by the 1955 Hague Protocol.

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  • Legal support for original and continuing FAA aircraft certifications (such as for safety).

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  • Legal support for FAA Registry and International Registry (IR) pursuant to the Cape Town Convention aircraft deregistrations, registrations and reposessions.

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  • Legal support for FAA and NTSB hearings, inquiries, investigations and proceedings.

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  • Legal support for pilot’s license revocations and suspensions.

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  • Legal support for obtaining the DOT economic authorization for US carriers 49 USC § 41101, or for foreign carriers, either a valid 49 USC § 41301 permit or an exemption therefrom.

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  • Legal support for obtaining the FAA safety authorization – US air carriers must hold both the Air Carrier Certificate (14 CFR Parts 121) and the Operations Specifications (OpSpecs) (14 CFR Parts 121 and 135), and foreign carriers are required to hold only the OpSpecs (14 CFR Part 129).

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  • Legal support for issues in which evidence of a 49 USC § 44103 Certificate of Registration in the FAA Aircraft Registry alone (without any AC Form 8050-1 – evidence of ownership – and all required supporting documentation) is introduced as dispositive ownership evidence for an aircraft.

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  • Legal support for the possible use of either an ownership trust or a voting trust for the registration of a foreign-owned aircraft by a foreign citizen.

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  • Legal support for aviation insurance and claims issues.

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  • Legal support for aviation title issues.

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  • Legal support for structuring aviation related public-private partnerships (P3s).

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  • Provided aviation practice legal training for management and personnel.

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  • Working knowledge of the proper usage of the Incoterms maintained by the International Chamber of Commerce (ICC), such as: the seven (7) Incoterms applied to all modes of transport – CIP (meaning ”Carriage and Insurance Paid To”) [then insert place of destination]; CPT (meaning “Carriage Paid To”) [then insert place of destination]; DAP (meaning “Delivered at Place”) [then insert place of destination]; DDP (meaning “Delivered Duty Paid”) [then insert place of destination]; DPU (meaning “Delivered at Place Unloaded”) [then insert place of destination]; EXW (meaning “Ex Works”) [then insert place of delivery]; FCA (meaning “Free Carrier”) [then insert place of delivery]; and, the four (4) Incoterms applied to inland waterway and ocean transport – CIF (meaning “Cost Insurance and Freight”) [then insert named port of destination]; CFR (meaning “Cost and Freight”) [then insert named port of destination) FAS (meaning “Free Alongside Ship”) [then insert named port of loading]; FOB (meaning “Free on Board”) [then insert named port of loading].

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  • Working knowledge of various specialized aviation insurance coverages, such as: air transit; aircraft charter; combined single limit; corporate jet owners and operators; fixed-base operators (FBOs); fleet owners and operators; ground risk hull (motion); ground risk hull (non-motion); helicopter owners and operators; in-flight; non-owned aircraft; passenger liability; private use owners and operators; public liability; turbo-prop owners and operators.

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PROGRESS DRAFT - Last updated 210531_2201

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