Florida Aviation and Space Law Update Florida Aviation Law Journal

A Publication of The Florida Bar Aviation Law Committee To Promote Education in the Florida Aviation Community Volume 2, Issue 3 Florida Aviation Law Journal November 2012 Florida Aviation and Space Law Update Timothy M. Ravich* In 2012, I launched the “Florida Aviation landing, a passenger on a commercial flight and Space Law Report” (“FASLR”), a detailed from Phoenix, Arizona, to Fort Lauderdale, review of important aviation related decisions Florida, allegedly stole $500 from a fel- reported in Florida, including by federal dis- low passenger’s purse. A flight attendant trict courts and the Eleventh Circuit Court intervened and compelled the return of IN THIS ISSUE of Appeals. The the money. The In Case You Missed It ................4 FASLR also pres- airplane was not ents new or pro- in Florida’s terri- Airline Window Shade Wars ......5 posed rules, reg- tory at any point It Happens Like Clockwork ........6 ulations, and leg- when the theft Crime Or Punishment - Your islation impactful or recovery of Choice, Your Wallet ...............7 of the practices the money took IRS Chief Counsel Advice of aviation law- place, but when Could Result in IRS Auditors yers in Florida. the airplane Applying Federal Excise Published twice landed, the Bro- Tax to Part 91 Management yearly (May and ward County Arrangements ........................8 November), the Sheriff’s Office In Memoriam ............................14 FASLR focuses effected an ar- on six areas of rest and the crim- aviation law: (1) inal defendant Source: Photo By: Gerald L. Maatman, Jr. and Laura Maechtlen airports and land was charged and use; (2) corporate and general aviation; (3) convicted of grand theft in excess of $300. labor and employment; (4) litigation; (5) The conviction was overturned under regulatory law; and (6) space law. In doing Fla. Stat. § 910.005 (2008) on the basis Editorial Board: so, the FASLR both reflects how dynamic the that Florida did not have jurisdiction be- cause all of the elements of the theft oc- S. V. (Steve) Dedmon practice of aviation law is in our jurisdiction curred before the airplane reached Florida. Editor-in-Chief and serves as a resource for aviation and aerospace practitioners in Florida. The state’s criminal jurisdiction statute Below are excerpts from the November “is unique in that it encompasses both Committee Officers: issue of the FASLR in what will be a regular the completed offense and the attempt Charles R. Morgenstein aviation and space law update in upcoming as the same offense.” The passenger at Chair Vectors publications. I hope this resource issue neither committed a theft “wholly or partly within” Florida nor did her action Frank Bradley Harris will be not only personally informative, but “constitute an attempt to commit an offense Vice Chair also professionally practical as you encoun- ter aviation related issues in your practice. within Florida.” Consequently, the convic- Robert Patrick Phillips I. Airports and Land Use tion should have been dismissed and was Vice Chair Sanders v. State, 77 So. 3d 914 (Fla. 4th reversed by Florida’s Fourth District Court Walter G. Campbell, Jr. DCA 2012) of Appeal. Board Liaison Approximately forty-five minutes prior to See “Space Law Update” page 11 “Read Back” By S.V. (Steve) Dedmon Since our last issue of Vectors there was our Septem- by the committee four years ago and since its inception ber meeting, a January aviation certification examination has been awarded to a deserving Embry-Riddle Aeronau- course review, our annual June meeting and another tical University student. The picture commemorating the September meeting. As you can see, either the commit- event and details are included herein on page 4. After the tee is very busy or the Vectors publication needs to be introductions, we began to launch the presentations by published more often; and the answer to that is BOTH! our most capable crew. So, this becomes a year in review edition. First off the deck was Pat Phillips discussing the FAA At the September 2011 installment Jack Haun, Director and their responsibility or lack thereof in regulating towers of Maintenance at Embry-Riddle Aeronautical University affecting aviation. The presentation was quite comprehen- in Daytona Beach, spoke to the members regarding Six sive as it included constitutional preemption issues and ap- Things Pilots Should Know and Where to Find Them plicable cases as well as the FAA’s statutory responsibility in the Aircraft Logbooks. Harry Lee Cole IV then hosted under the FAA Act of 1958 and various CFRs. Additionally, a spirited discussing revolving around the case of U.S. the FCC’s responsibility was discussed as well as zoning Aviation Underwriters vs. Pilatus Business Aircraft issues, which related back to preemption. There was also Ltd. Following him was Jerry Trachtman. His topic, Aus- discussion pertaining to lighting and FAA guidelines. tralian Courts Breathe Life into Toxic Cabin Air Litiga- Second, in what is now becoming SOP, Don Anderson tion brought the members up-to-date on current/pending presented current developments in aviation. Cases relating litigation affecting passengers traveling on commercial air to general and personal jurisdiction and their influence on carriers. Following Jerry was Don Anderson and Recent aviation were emphasized. The most telling was challeng- Developments in Aviation, and finally Hunter Chamberlin ing the traditional law school concept of a product being in discussing Mechanics Liens and Non Judicial Sales: the “stream of commerce” to establish personal jurisdiction Taking What’s Not Yours…Yet. As you can see, the top- over a manufacturer. The court has now concluded there ics and subject matter are well worth the Continuing Legal should be a “stream of commerce plus” test, thus raising Education hours. the traditional standard. Preemption was discussed as The certification review for board certification in avia- well as it related to field preemption of federal verses state tion law was done after the conclusion of the Aviation Law law. Forum non-conveins and diversity issues were also and Insurance Symposium at its January meeting. The discussed. presenters including Don Maciejewski, Ed (Skip) Booth, Although he was unable to attend in person, Mohammad Norris Richey, Jeff Ludwig, Ed Curtis, Pat Phillips, Stuart Ahmed Faruqui was able to present via teleconferencing. Goldstein and Jerry Trachtman voluntarily give their time Tim Ravich had advised the membership prior to the meet- to assist their colleagues sitting for the examination. The ing this was a viable alternative to physically being there, topics are taken from the bibliography supplied by the Bar which is a great way to participate and get way to get credit and the topics include litigation, enforcement, international for participating via technology. Mohammad presented a law, airport land use, labor relations, air taxi operations, typical commercial aviation scenario and analyzed it in the aircraft registration, and space law. Even if someone is context of a party filing bankruptcy under Chapter 7 or 11. not sitting for the examination, it is a thorough review of Required financial forms were discussed as well as means aviation law and well worth one’s time. for a creditor to protect its assets when in possession of As the air boss told Maverick in Top Gun when he others. requested a flyby, “Ghost Rider, the pattern is full,” best To get everyone back to terra firma there were a flurry of described the Aviation Law Bar Committee’s June 2012 “carrier traps.” Robert Feldman discussed board certifica- meeting in conjunction with the Bar’s annual meeting in tion and membership in the Lawyer-Pilots Bar Association. Orlando. Although the airspace was congested, those in Christopher Jahr presented whether the committee wanted the pattern were the consummate professionals. to consider creating Bar approved aviation CLEs and the Chair, Tim Ravich began by welcoming everyone fol- whats and wherefores that would entail. Tim then passed lowed by the members introducing themselves, where out information about his Florida Aviation and Space Law they were from and their areas of practice. As part of Report initiative. the introductions I was able to update the committee on Finally, there was a change in command as Tim was Jerome Williams, the 2012-2013 recipient of the Eilon honored for his leadership as he passed the responsibility Krugman-Kadi scholarship. The scholarship was endowed Continued on next page 2 Spa in Jacksonville. surrounding intent to defraud, respon- “Read Back” The first presenter was Barbara sibility, and culpability of mechanics Continued from previous page Duffy of RotorWorld LLC in Orlando. actions related to the repair of aircraft. She began with a simulated emer- The opinions were varied depending to incoming chair Charlie Morgenstein gency in the meeting room as a means on one’s propensity to allege wrong- and co-chairs Brad Hassell and Pat to focus the group on the precious doing or defend it. The final emphasis Phillips. Charlie challenged us to be a seconds related to emergency actions was, if criminalizing the actions of me- part of Eilon’s legacy by contributing and gave an overview of the simulation chanics is here, what will be the result to the aforementioned scholarship, itself and everyone’s reactions to the on industry as mechanics rethink their reminded us of the Bar’s agenda, and given instructions. She then moved on responsibilities and career choice in asked for suggestions for speakers as to using an actual crash case as the light of potential criminal prosecution. well as possible additional committee backdrop for her presentation which The last presenter was Jason Lo- activities. He then officially made his involved a group of aircraft flying in renzon who is the principle of Lorenzon first command decision and adjourned formation resulting in one of them Immigration Law based in Indepen- the meeting.

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