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Negligence in the Operation of Business Aircraft

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Negligence in the Operation of Business Aircraft Western Michigan University ScholarWorks at WMU Master's Theses Graduate College 6-1965 Negligence in the Operation of Business Aircraft Daniel J. Garber Follow this and additional works at: https://scholarworks.wmich.edu/masters_theses Part of the Business Administration, Management, and Operations Commons Recommended Citation Garber, Daniel J., "Negligence in the Operation of Business Aircraft" (1965). Master's Theses. 4041. https://scholarworks.wmich.edu/masters_theses/4041 This Masters Thesis-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Master's Theses by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. NEGLIGENCE IN THE OPERATION OF BUSINESS AIRCRAF1/ by Daniel J. Garber A Thesis submitted to the Faculty of the School of Graduate Studies in partial fulfillment of the Degree of Master of Business Administration Western Michigan University Kalamazoo, Michigan June 1965 ACKNCMLEDGEMENT My many thanks to Arnold E. Schneider, Dean of the School of Business Administration, Western Michigan Uni­ versity, for his very helpful suggestions in preparing and writing this dissertation. Daniel J. Garber TABLE OF CONTENTS CHAPTER PAGE INTRODUCTION ••••. 1 Basis for Business Aircraft . 1 Legal Liability • e e e e • • 0 • 0 0 2 Location of Narrative e O • • e • 0 e 3 Liability Insurance • • • • • • • • • 4 Application for This Treatise • • • • 5 I PRE-FLIGHT OPERATIONS e O e • e e e • 0 6 Duty of Company Imposed by Law . 0 • • 6 Negligence Defined o • • • • • • • 0 7 Respondeat Superior 0 e e • e e e e 0 8 Federal Aviation Act . • • • • • • 10 Pilot Certificate e e • e O e O • e e 11 Recent Experience e e e e O O e e e e 11 Negligence Per Se e e e O O e • e O 0 13 Medical Certificate • • • • • 0 • • • 14 Effect of Improper Pilot Certification ••••• • • 0 0 • • 15 Physical Condition of Pilot ♦ 0 ♦ ♦ 0 16 Aircraft Airworthiness o ••• 0 • • • 19 Doctrine of Exclusive Control • 0 • • 21 Planning the Flight . 22 Filing a Flight Plan . • • • • 0 O O 0 24 i CHAPTER PAGE Visual Inspection of Aztec . • • • • • 27 Loading Airplane ••••. • • • • • 29 Michigan Guest Statutes e O O O O e e 33 II KAIAMAZOO TO CHICAGO • • 0 • • • 0 • • 0 38 • • • • • • • • • 38 Federal Airways • 0 Seat Belts • e e • e • 0 e e • 0 e • 0 39 Ignition ••. • • • • • • . 40 Taxiing to Runway e O e e e O e e e e 41 Run-up . • • • • . 43 • • • 0 e O e • 0 44 Take-off . 0 . Visibility • • e • 0 e O e e O e e e 0 47 Visual Flight Rules Right-of-Way . • 0 47 Indiana Statutes • • • • • • e O O e 0 49 0 0 • • • • • • 49 Radio Monitoring . 0 0 Rough Air .•...•.• • • • • • • • 0 • 0 so Use of Radar •••• 51 Illinois Statutes • • • • • • • • • 0 52 Pilot Responsibility During Landing •••••••••• 53 III THE NIGHT FLIGHT . 55 Pilot's Use of Liquor 56 Night Flight Instruments and Equipment • • • • • • • • • 58 Night Recent Flight Experience . 59 Airmen's Information Manual . 59 ii CHAPTER PAGE Weather Reports and Forecasts . 61 Air Traffic Control Clearance 61 Altimeter Setting . 62 Use of Flaps for Take-off . 62 Condition of Pilot . 64 Minimum Altitudes • • • 0 • • • • • • 64 Thunderstorm ••• . • • 65 Missouri Statutes and Ordinances • 66 Res Ipsa Loquitur 0 • • • • • • • • • 66 Obtaining Field Information . 67 Additional Skill . 72 Securing the Aztec . • • 0 • • • • • • 73 IV INSTRUMENT FLIGHT TO WASHINGTON, D. C. o • • • • • • o • • • • • • • • 76 Instrument Flight Rules Fuel Requirements •. � •••••o • 76 Radio Receivers Checks • • • • . • 0 79 Additional Instruments and Equipment for IFR ••• 79 Additional Pilot's Rating for IFR • . • . • . • . • • • 0 79 Recent Experience Requirements for IFR • • • • • • • • • • 80 Instrument Flight Rules Cruising Altitude . �. o • o •••••• 83 Take-off . 83 Turbulence In Clouds ••. 85 iii CHAPTER PAGE Icing Conditions •••• 86 Navigating on Course . • • 0 • 87 State Statutes and Local Ordinances •••o ••. 88 Visual Flight Rules Operations 89 Clearance for an Approach . 92 V THE TRIP HOME • • • • • • • • • • • • 0 98 Visual Flight Rule Altitude Regulations •••••o •• . 98 Avoiding Collisions . 101 The Unscheduled Landing . ••102 Obeying Air Traffic Control Clearance •••• o •••••••o 106 Short Field Take-off . • • • • • 107 Kalamazoo Approach . 0 • • • 0 • • • • 108 Wingtip Vortexes • • • • • • • • • 109 Propeller Setting • • • 0 • • 0 111 VI LIABILITY INSURANCE • • 113 The Need for Insurance . 113 Importance of Liability Insurance ••115 Bodily Injury Liability, Excluding Passengers •••••••••••••116 Passenger Bodily Injury Liability ••118 Property Damage Liability • 119 Definition of Insured . • • • 121 Liability Policy Exclusions • • • 0 • 128 iv CHAPTER PAGE Limits of Liability o ••••••• o o 138 Non-Owned Aircraft Liability ••o o • 140 BIBLIOGRAPHY ••o o •• o ••o o o • o 142 Aviation Statutes and Regulations o ••142 Books . o ••••••o o •••••••142 Court Cases • • • • • • • • • • • • • 143 Insurance Contract • o o o ••0 • • • 147 .Law Review and Other Articles . • 0 • • 147 V INTRODUCTION Basis for Business Aircraft The use of airplanes as a production tool for ex­ ecutives and supervisory personnel by business firms in practically all fields of endeavor is ever increasing. This is true even though the airlines have largely sub­ stituted pure jet aircraft for piston powered airplanes and turbo-propelled ships on the trunk routes. This makes it more difficult for the business aircraft to save the executives of a company time and money by cut­ ting down transportation waste in obtaining more hours of usefulness from those persons using business aircraft transportation and less expense for employee's hotel, meals and other travel costs. Airline jets are largely offset by the fact that many airports are not served by airlines at all. When small airports are served by feeder airlines, the sched­ ules are often not conveniento The feeder carriers fly in zigzag patterns, making many stops, rather than fly­ ing a direct routeo A number of businesses are also purchasing their own jet aircraft which are equally as fast as the jet airliners. 1 Legal Liability As more businesses purchase airplanes to transport their personnel, the officers of these companies making such purchases often question the legal liability of the company in its operation of airplanes for transpor­ tation of its personnel, guests and freight. The law of aviation negligence liability has been developing until it presents a unique and interesting field of the law. This field of the law, as with all fields of law, can never be said to be complete. Yet, the decisions of the courts indicate, in large measure, the pattern which will be adhered to in dealing with the problems of aviation negligence liability. The legal liability of a company operating air­ planes in its business is the problem to which this pa­ per is directed. In general, the law imposes a duty upon the company to operate its airplanes with due care so as to not cause bodily injury or cause damage to the property of others. That is, the company must operate its airplanes without negligence in order to avoid legal liability. If legal liability through a judgment or out of court settlement is imposed upon the company, the company must pay damages to the injured party whose rights have been violated by the airplanes owned and operated by the company. -3 In order for the aircraft used in business to be operated without negligence, its pilots, as agents and employees of the company, must fly with due regard to the Federal Aviation Regulations which have been enacted by the administrator under the Federal Aviation Act of 1958. The airplanes must also be flown in compliance with state statutes, local municipal corporation ordi­ nances and the general conmon law of lookout, manage­ ment and control. This common law is set forth in a great body of both state and federal court cases re­ lating to aircraft operation. Location of Narrative This is a fictional story about Homer Pilot flying, as the company pilot, for the XYZ Corporation from Kala­ mazoo, Michigan, on an extended business trip for a va­ riety of company purposes. Homer Pilot will be flying a Piper Aztec, Model B, airplane, owned by the XYZ Cor­ poration and manufactured by the Piper Aircraft Corpora­ tion, Lock Haven, Pennsylvania. This is a twin engine airplane capable of carrying six passengers and baggage at an optimum cruising speed of 205 miles per hour. During this trip, Homer Pilot will be confronted with a variety of situations which could give rise to legal liability on the part of the company, the XYZ Cor­ poration. Examples of how this legal liability has arisen in other cases under the comm.on law by applying state statutes, local ordinances, connnon law negligence principles and Federal Aviation Regulations are used to a great extent throughout this thesis to demonstrate various legal problems. Liability Insurance The variables used are not for the purpose of ad­ vising a company to use other means of transportation, as any means of transportation very often gives rise to many problems of legal liability. A company must bear in mind that it may protect itself from legal liability and damages resulting therefrom by the purchase of li­ ability insurance to give the company coverage when op­ erating business aircrafto However, for the company executives to make a prop­ er management decision in the purchase of aircraft in­ surance, they must have considerable knowledge relative to the liability resulting from aircraft operations. The insurance contract must have provisions for protec­ tion of the company in respect to all of its operations by its airplanes. There is no standard form insurance policy like there is in other casualty lines of insurance such as fire and automobile coverages. The executive for a com­ pany which purchases aircraft insurance is able to sit down with the aviation insurance company representative and bargin for better coverage under an insurance con­ tract.
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