A Publication of The Florida Bar Aviation Law Committee To Promote Education in the Florida Aviation Community Volume I, Issue 1 Florida Aviation Law Journal November 2007 The Run-Up is Complete By S. V. (Steve) Dedmon, Editor in Chief Welcome to the inaugural edition of point— spoke to all the right people to make Florida Aviation Law Vectors. Without break- this happen. You, the members, also got IN THIS ISSUE: ing my arm patting myself on the back, but personally involved which is a testimony to trying nonetheless, the concept of getting Just In Case You responding to my call for help. this off the ground, so to speak, was totally Missed It ................................2 Second, I got this idea while perusing the Aviation Security: Are my idea. Thinking about that, if this crashes People More Dangerous and burns we know wherein the probable standing committees section of The Florida Than Bombs? .....................3 cause will lie! Bar’s website. The Education Committee Committee to Meet in As are many of you, I am a member of has been doing this for quite a few years Conjunction With Florida Bar Midyear Meeting.......4 various associations which provide analysis and they do it well. Ultimately, if this publica- Litigating Insurance of legal issues and attend excellent semi- tion is favorably compared with theirs I will Coverage Issues Under nars where many knowledgeable speakers consider it a success. To help with the layout Aircraft Liability Policies ..7 keep us updated on the latest aviation legal and design of our publication Yvonne Sher- In Pursuit of “Natural issues. We also attend quality seminars Quiet” – How New Noise ron, Director of Professional Development Modeling Methodology which originate here in Florida, such as and Noise Impact Embry-Riddle’s Aviation Law and Insur- lent her talent and expertise. Also, thanks Assessment Could Affect ance Symposium and our quarterly aviation to Connie Stewart for contacting Yvonne on Airports and Airlines Nationwide .....................18 bar committee meetings where our own our behalf. membership bring relevant and informative Finally, I want to thank in advance those presentations. It is that expertise I hope to of you who take your time and contribute ar- bring in written form to those who are unable Editorial Board: ticles you believe would be of interest to our to attend our meetings and to others both in members. Remember, when I say articles of S. V. (Steve) Dedmon, and out of state who may have an interest Editor-in-Chief interest, they do not have to be legal, they in aviation related issues and law Dan Anderson As always, there are people to recog- can be fun aviation stuff! This is our journal nize and thank for their participation. First, and although a cliché, it will be only as good Committee Officers: I pitched this idea to our past Aviation Bar as those who contribute. As such, I expect Elisabeth Daire Committee chair, Greg Popp, who began great things, as the quality of legal aviation Kozlow to say yes before I was able to finish my expertise on our committee is extensive. Chair sentence. As usual his enthusiasm was With your help we will navigate weather immediate as he was sending an e-mail to Harry Lee Coe IV deviations, expect further clearance times, Vice Chair our committee colleagues while we were holding patterns, and with quality VECTORS Brian David Burgoon still discussing the merits of the idea. Also, ultimately our flight into legal airspace will be Board Liaison our present chair Elisabeth Kozlow, vice chair Harry Coe and Board liaison Brian rewarded with a successful conclusion. We Burgoon— whom I hope to meet at some are cleared to GO! Just In Case You Missed It... At our September 7, 2007 meeting and its membership. At this point the franchising. A primary focus is on an in Tampa our agenda included updates university has received about one-third entity having one owner but several and presentations from the certification of the necessary funds management companies. chair of the Aviation Bar Certification Steve Dedmon was the next updater Dr. Richard Karl, surgical oncologist committee, the Eilon Krugman-Kadi as the Journal is his project. A prototype professor at the USF medical school, Foundation and the Aviation Law Com- of the cover page was distributed to and contributing editor for Flying mittee Journal, as well as guest speak- the committee for their perusal. There Magazine discussed Aviation Safety ers Kent Jackson of Jackson, Wade & was then a lengthy discussion about Measures for use in Operating Rooms, Blanck, LLC and Dr. Richard Karl from content and possible expansion to in- Cath Labs and Endoscopy suites. His the University of South Florida School clude a variety of topics. The committee emphasis was essentially bringing of Medicine. discussed a variety of issues; however, CRM procedures to medicine as a The certification committee report since this article is now in VECTORS, means to reduce instances of surgical consisted of reviewing the standards fortunately the discussions regarding and medical mistakes. He provided to take the board certification test in- publication issues are now MOOT! some chilling statistics of medical mal- cluding the required CLEs in the past Kent Jackson then presented practice which included wrong site 3 years which must be related to avia- “Challenges for the Charter Industry.” operations, missing surgical tools, and tion law. There was also a discussion His emphasis was the relationship even instances of operating on the regarding teaching a review class in between aircraft owners and aircraft conjunction with the ERAU Aviation operators in Part 135 operations. The wrong patient. Through video and flow Law and Insurance Symposium to be FAA appears to have issues with who sheets he compared operating room held in January. exercises “operational control,” a term procedures to those required to turn The next update was in regards to which appears to have broad implica- on the coffee pot of a 747, extremely the endowment scholarship at ERAU tions yet a vague definition. Some of the simple to complex, respectively. He in the name of former graduate Eilon issues of concern the FAA is focusing said the AMA does not address the is- Krugman-Kadi. Greg Popp encour- on include non-employee pilots, air- sue of surgical safety measures nor do aged those members who have not craft/pilots coming from the same entity, M&M conferences. Literally, medicine yet contributed to do so, reminding us advertisement/booking/billing by the still sees the doctor as the DC3 captain of Eilon’s faithfulness to the committee management company and certificate of old, beyond reproach and question. Get in on the “action! Be a contributor to this newsletter. For more information, or to submit comments and articles, contact Steve Dedmon at: [email protected] 2 Aviation Security: Are People More Dangerous Than Bombs? By Timothy M. Ravicha* Introduction is backward-looking and flawed, “the 1996 when a Boeing 747, TWA Flight 5 The “freedom to travel throughout the equivalent of fighting the last war.” 800 from New York to Paris, exploded United States has long been recognized Profiling airline passengers should soon after it took off. A defective fuel as a basic right under the Constitution.”2 be a vital part of commercial aviation se- tank caused the tragedy. Initially, how- ever, government officials suspected Airline travel particularly has become curity because screening for bad people the tragedy was terrorist-related. such a usual mode of travel that many is at least as important as screening Consequently, on August 22, 1996, Americans simply presume their free- for bad things. This article amplifies President Bill Clinton announced the dom to it. In fact, airline service, not air- an argument that receives surprisingly creation of the “White House Commis- line security, was the topic that had the scant public attention: “The ‘magic’ at- sion on Aviation Safety and Security.”9 attention of transportation lawmakers tributed to isolated technological fixes This body, which also was known as the throughout the 1990s. Airline passen- must be jettisoned in favor of systems “Gore Commission,” was charged with gers— among whom are members of perspectives including the human 6 “develop[ing] and recommend[ing] to Congress— fumed at airline overbook- element.” People warrant at least as the President a strategy designed to im- ing practices, delays, and congestion much attention as putatively dangerous 7 prove aviation safety and security, both at airports.3 September 11th jolted the objects. Biometric, psychometric, and domestically and internationally.”10 On nation’s focus from service to security. sociometric profiling facilitates this real- February 17, 1997, the Gore Commis- In the aftermath of September 11th, ity by focusing on people and their ideas and behaviors, not just their weapons. sion issued a final report recommend- aviation security officials relentlessly ing the revitalization and reformulation hunt for bad things. They continually of the 1960s Anti-Air Hijack Profile. develop, contract for, and deploy vari- What is Airline Passenger Profiling? The first-generation computer airline ous high- and low-tech anti-terrorism passenger profiling system to follow measures, i.e., thermal neutron analy- Terrorism has always shadowed com- the Gore Commission’s report was sis, computerized tomography, X-ray mercial airline travel. The first document- developed by Northwest Airlines in devices and electromagnetic radiation, ed airline hijacking occurred as early as 1996 under a grant from the Federal trace detectors or “sniffers,” bomb-sniff- 1931, when Peruvian revolutionaries Aviation Administration (“FAA”). Known ing dogs, airline personnel screening, overtook a domestic flight to distribute as the “Computer-Assisted Passenger and automated passenger profiling. propaganda. Hijackers since have seized Pre-Screening System” (“CAPPS”), Terrorists continually find new ways to commercial airplanes to bargain for the the government’s initial profiling device threaten commercial aviation despite exchange of political prisoners or to es- was presented as a “management tool” 4 these security devices.