Embry-Riddle Aeronautical University s3

COURSE SYLLABUS

Course No. AS405 Title: Aviation Law Credit Hours: 3 Term: SPRING 2018 Meetings: M,W,F 8:00 AM – 8:50 AM Room: B74 Rm114 Campus: Prescott

INSTRUCTOR Sarah Nilsson, JD, PhD, MAS.

PHONE 602-561-8665 (cell)

EMAIL [email protected]

OFFICE HOURS M-W-F 9:00 – 11:45 am Tue 8:00 – Noon or by university email anytime. Email is the easiest method of contact. Furthermore, I maintain a social media presence on Facebook, LinkedIn, and Twitter, so please feel free to connect and reach out to me that way too. I usually check and respond to my university email and social media at least daily. You may telephone or text me at any time if you deem the matter urgent. If I don’t answer, please leave a message.

COURSE TEXT Hamilton, J. with Nilsson, S., (2015). Practical Aviation and Aerospace Law (6th ed.). Newcastle, WA., Aviation Supplies & Academics and Hamilton, J. with Nilsson, S., (2015). Practical Aviation and Aerospace Law Workbook (6th ed.). Newcastle, WA., Aviation Supplies & Academics NOTE: Both the textbook and workbook are available as eBooks. Use of eBooks in lieu of bound hard copies is entirely acceptable in this course.

COURSE DESCRIPTION This course will introduce the advanced student to the United States' Constitution, as well as federal, state, and local statutes and functions. The student will become familiar with case law and common law and develop an understanding of the chronological development of these laws and their application to aviation. The student will be introduced to civil law, including tort, product liability, contract, sales, secured credit, property, environmental, and labor laws. Criminal statutory law, and government, airman, and operator rights and liabilities will also be studied, as will international laws and conferences. Aviation Law explores the chronological development, federal and state regulatory functions, and rights and liabilities of pilots and operators. Students will examine case histories, liens and security interest in aircraft, as well as international conferences, bilateral and multilateral agreements, and criminal statutes.

GOALS The course will provide students with a basic understanding of the legal system as applicable to various aspects of air transportation. A goal of this course is for the student to 1 gain knowledge and become cognizant of their basic legal rights and responsibilities as a professional in aviation and aerospace related fields. The course is designed to provide the student a working knowledge of the law as applied to the aviation and aerospace industries, to enable one to recognize and avoid legal pitfalls, and to recognize when it is prudent to consult legal counsel.

LEARNING OUTCOMES Upon course completion, students will be able to: 1. Understand and explain the evolving roles and responsibilities of U.S. regulatory agencies and international organizations in aviation. 2. Describe administrative law procedures and apply to FAA rulemaking, enforcement, and medical certification, along with NTSB and judicial review. 3. Apply the legal principles of civil liability for negligence or strict liability for aviation accidents and prudent risk management practices to limit liability exposure to individuals, companies, and government. 4. Analyze the applicability of an aircraft operator’s duty to report aviation accidents and incidents to the NTSB to a variety of factual scenarios. 5. Select the appropriate insurance coverage for an aviation operation, read and understand the insurance policy. 6. Recognize high-risk aviation activities for which exculpatory contracts may be an appropriate risk management tool. 7. Understand and apply the law and procedures relating to buying, selling, leasing, and co-owning (including fractional ownership) aircraft. 8. Distinguish the roles, responsibilities, and liabilities for airport operations, airspace allocation and use, and aircraft noise and select and apply the appropriate legal tools to mitigate such liabilities. 9. Recognize the effect of the Fourth Amendment on airport security screening and aviation-specific criminal offenses found in the U.S. Code. 10. Apply the basic principles of labor and employment law including, collective bargaining under the Railway Labor Act, as applied to aviation operations and manufacturing. 11. Recognize, understand, and properly use legal terms and concepts in oral and written communications.

COURSE SCHEDULE The course schedule (see below), as augmented by daily assignments posted to CANVAS, contains the reading, homework, and other assignments, along with the two exams and final exam dates. The instructor reserves the right to make changes, which will be announced during class meetings, updated on the CANVAS web site for the course, or e-mailed to students at their ERAU e-mail accounts. You are expected to check your ERAU e-mail account on a daily basis.

EVALUATION SYSTEM Individual Preparation (HW completed/submitted on time) 20% Individual Participation 20% Exam 1 20% Exam 2 20% Exam 3 - Final Exam 20% Total 100%

2 ASSIGNMENTS AND REQUIREMENTS Class Participation As a minimum, students are expected to appear in class having read, analyzed, synthesized and being prepared to discuss the assigned chapter(s) and other readings. This is a professional responsibility to yourself and your classmates. Active participation in class discussions is an important element in the process of higher education; it is highly valued by your instructor and is reflected in the assignment of grades. Participation includes the quantity and quality of comments, answers to questions posed by your instructor and classmates, class discussions, and lively fellowship. Consistent on-time class attendance is a foundation of participation. In the classroom, we will work some team problem-solving exercises. Each student is expected to participate fully and enthusiastically in the team’s deliberative process in these exercises and to speak for the team on occasion. Students meeting the above criteria will receive 10 points for Individual Participation for each class meeting that is scheduled to include Chapter and/or other discussions. Please enter your homework assignments into your workbook – class corrections will be made for all work. The three quizzes are open workbook. If a student misses more than 3-5 classes (unexcused) there will be a 10% total grade reduction. For 6-7 classes (unexcused) there will be a 20% total grade reduction. Missing 8 or more classes (unexcused) may be grounds for class failure.

EXAMS There will be 2 exams and a final exam. Students may be tested on any and all materials contained in the readings, lectures, and class discussions. The percentage points achieved from the total possible as follows shall determine a student’s letter grade in this course: A = 90 – 100% B = 80 – 89% C = 70 – 79% D = 60 – 69% F = Below 60%

COURSE POLICIES Attendance Attendance is expected. The instructor is the final authority on what constitutes an excused absence and your best course of action is to contact her before your absence, if possible. Cell Phones and Other Electronic Devices Out of consideration for others please turn your cell phone and other electronic devices that may emit distracting sounds to the silent mode. If they do not have a silent or vibratory mode, please turn them off to avoid distracting your classmates. Late Work Late work will not be accepted unless otherwise approved by the instructor. Exams must be taken on the scheduled day and time unless otherwise approved by the instructor. Contesting Grades Any student wishing to contest a score must do so by presenting the argument in writing to the instructor within one week of receiving the contested score. The instructor will make score adjustments as deemed appropriate and fair. Final course grade must be contested 3 via official university policy. Academic Honesty Embry-Riddle’s Student Handbook contains several regulations regarding the ethical behavior of students. Please familiarize yourself with these policies. Class/Lecture Audio and/or Video Recordings These actions are prohibited, except for students with prearranged Disability Support Services (DSS) accommodations. Access To Learning ERAU is committed to access for all students. It is University policy to provide reasonable accommodations to students with disabilities who qualify for services. If you would like to discuss and/or request accommodations, please contact Disability Support Services (DSS). DSS is located on the first floor of Hazy Library, at the end of the hall. You may stop by, call 928/777-6750, or email the director at: [email protected] Civil Rights Equity and Title IX: ERAU seeks to provide an environment that is free of bias, discrimination, and harassment. If you have been the victim of harassment, discrimination or sexual misconduct, we encourage you to report this. If you inform me of an issue of harassment, discrimination, or sexual misconduct I will keep the information as private as I can, but I am required to bring it to the attention of the institution’s Title IX Coordinator. If you would like to talk to the Title IX Coordinator (Liz Higgins Frost) directly, she can be reached at Building 49, Dean of Students Office, 928-777-3747, [email protected]. For more information, please refer to the Nondiscrimination/Title IX webpage at http://prescott.erau.edu/about/health/sexual-misconduct-and-title-ix/index.html. Continuity Statement In event of a temporary campus closure due (due to, for example, a pandemic, crime, or natural disaster), this course will continue virtually via Canvas-based communications as directed on the “Course Announcements” page and via email. Exceptions Any student may request an exception to the class rules, restrictions or requirements. Please set a time to meet with me during my office hours or send to me an email so that we can discuss your reasons.

4 COURSE SCHEDULE

WEEK/ DATE ASSIGNMENTS CLASSROOM ACTIVITIES SESSION 1 1-10 Read: Syllabus & Schedule, Text Introductions, Course & Syllabus and Preface, Instructor’s bio. Overview, discussion of instructor’s 1-12 Explore: course in CANVAS standards and expectations Read: Textbook Chapter 1 Class discussion of Aviation Regulatory Prepare: Answers to all Agencies and International Organizations Workbook Chapter 1 questions

2 1-17 Read: Textbook Chapter 2 Class discussion of FAA Enforcement and Prepare: Answers to all and effects of Pilots Bill of Rights 1-19 Workbook Chapter 2 questions

3 1-22 Read: Textbook Chapter 3 Class discussion of Aviation Medical and Prepare: Answers to all Certification 1-24 Workbook Chapter 3 questions and 1-26

4 1-29 EXAM 1: prep EXAM 1 and Read: Textbook Chapter 4 Class discussion of Basic Principles of 1-31 Prepare: Answers to all Civil Liability as applied to aviation and Workbook Chapter 4 questions accidents 2-02

5 2-05 Read: Textbook Chapter 5 Class discussion of Organizing an and Prepare: Answers to all Aviation Business to Limit Civil Liability 2-07 Workbook Chapter 5 questions and Read: Textbook Chapter 6 Class discussion of Aviation Insurance 2-09 Prepare: Answers to all Workbook Chapter 6 questions

6 2-12 Read: Textbook Chapter 7 Class discussion of the use of and Prepare: Answers to all Exculpatory Contracts in aviation 2-14 Workbook Chapter 7 questions and Read: Textbook Chapter 8 Class discussion of Airline Liability in 2-16 Prepare: Answers to all domestic and international operations Workbook Chapter 8 questions

7 2-21 Read: Textbook Chapter 9 Class discussion of Government Liability and 2- Prepare: Answers to all for Aircraft Accidents 23 Workbook Chapter 9 questions

8 2-26 Exam 2: prep EXAM 2 and Read: Textbook Chapter 10 Class discussion of Aircraft Accident 2-28 Prepare: Answers to all Notification, Reporting, and Investigation and Workbook Chapter 10 questions 3-02

9 3-05 Read: Textbook Chapter 11 Class discussion of Buying & Selling and Prepare: Answers to all Aircraft 3-07 Workbook Chapter 11 questions and 3-09 5 10 3-19 Read: Textbook Chapter 12 Class discussion of Aircraft Leasing, Co- and Prepare: Answers to all Ownership, & Fractional Ownership 3-21 Workbook Chapter 12 questions and 3-23

11 3-26 Read: Textbook Chapter 13 Class discussion of Airports & Terminal and Prepare: Answers to all Airspace 3-28 Workbook Chapter 13 questions and 3-30

12 4-02 Read: Textbook Chapter 14 Class discussion of FAA Regulation of and 4- Prepare: Answers to all Airspace 04 Workbook Chapter 14 questions and 4- Read: Textbook Chapter 15 Class discussion of Crimes & Aviation 06 Prepare: Answers to all Security Workbook Chapter 15 questions

13 4-09 Read: Textbook Chapter 16 Class Discussion of Labor & Employment and Prepare: Answers to all Law, Generally 4-11 Workbook Chapter 16 questions and Read: Textbook Chapter 17 Class discussion of Air Carrier Labor Law 4-13 Prepare: Answers to all Workbook Chapter 17 questions

14 4-16 Read: Textbook Chapter 18 Class discussion of Commercial Space and Prepare: Answers to all Operations 4-18 Workbook Chapter 18 questions and 4- 20

15 4-23 Prepare: for exam 3 Exam 3 and April 30 4-25 8-10am

NOTE: The instructor reserves the right to change this schedule on reasonable notice.