COURSE SYLLABUS
Course No. AS405
Term: Spring 2016
Campus: Prescott
Title: Aviation Law
Meetings: M,W,F 3:00 PM – 3:50 PM
INSTRUCTOR
Sarah Nilsson, JD, PhD, MAS.
PHONE
602-561-8665 (cell)
FAX
N/A
EMAIL
sarah.nilsson@erau.edu
Credit Hours: 3
Room: P74 Rm114
OFFICE HOURS
M-W-F 9:00 - 11:00 am, Tue 8:00 – 11:00 am and 1:00 - 4:00 pm or by university email
anytime. Email is the preferred method of contact (you may email me anytime). I usually
check and respond to my university email 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.
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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 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.
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EVALUATION SYSTEM
Individual Preparation (HW completed/submitted on time)
Individual Participation
Team Case Studies
Exam 1
Exam 2
Exam 3 - Final Exam
Total
10%
20%
10%
20%
20%
20%
100%
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 ontime 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 two points for Individual Participation and
one point for Team Case Studies 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.
At the end of the course there will be a peer review (to be turned in on the last class
before the final exam). All of the team points (i.e. 10%) can be withheld for substandard
team evaluation. Nothing less than full high quality team participation is accepted.
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%
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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 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 the success of 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 located in Hazy Library (first floor, end of hall), or call 928/777-6750 or 928/7776749, or email the director at: marcee.keller@erau.edu
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 Blackboard-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.
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COURSE SCHEDULE
WEEK/
SESSION
1
DATE
2
1-20
and
1-22
3
1-25
and
1-27
and
1-29
2-1
and
2-3
and
2-5
2-8
and
2-10
and
2-12
4
5
6
7
8
9
10
1-13
and
1-15
2-17
and
2-19
2-22
and
2-24
and
2-26
2-29
and
3-2
and
3-4
3-14
and
3-16
and
3-18
3-21
and
3-23
and
3-25
ASSIGNMENTS
CLASSROOM ACTIVITIES
Read: Syllabus & Schedule, Text
Preface, Instructor’s bio.
Explore: course in CANVAS
Read: Textbook Chapter 1
Prepare: Answers to all Workbook
Chapter 1 questions
Read: Textbook Chapter 2
Prepare: Answers to all Workbook
Chapter 2 questions
Introductions, Course & Syllabus
Overview, discussion of instructor’s
standards and expectations
Class discussion of Aviation Regulatory
Agencies and International Organizations
Read: Textbook Chapter 3
Prepare: Answers to all Workbook
Chapter 3 questions
Class discussion of Aviation Medical
Certification
Read: Textbook Chapter 4
Prepare: Answers to all Workbook
Chapter 4 questions
Class discussion of Basic Principles of
Civil Liability as applied to aviation
accidents
Read: Textbook Chapter 5
Prepare: Answers to all Workbook
Chapter 5 questions
Read: Textbook Chapter 6
Prepare: Answers to all Workbook
Chapter 6 questions
Read: Textbook Chapter 7
Prepare: Answers to all Workbook
Chapter 7 questions
Read: Textbook Chapter 8
Prepare: Answers to all Workbook
Chapter 8 questions
Read: Textbook Chapter 9
Prepare: Answers to all Workbook
Chapter 9 questions
Read: Textbook Chapter 10
Prepare: Answers to all Workbook
Chapter 10 questions
Class discussion of Organizing an
Aviation Business to Limit Civil Liability
Read: Textbook Chapter 11
Prepare: Answers to all Workbook
Chapter 11 questions
Class discussion of Buying & Selling
Aircraft
Read: Textbook Chapter 12
Prepare: Answers to all Workbook
Chapter 12 questions
Class discussion of Aircraft Leasing, CoOwnership, & Fractional Ownership
Class discussion of FAA Enforcement
and effects of Pilots Bill of Rights
Class discussion of Aviation Insurance
Class discussion of the use of
Exculpatory Contracts in aviation
Class discussion of Airline Liability in
domestic and international operations
Class discussion of Government Liability
for Aircraft Accidents
Class discussion of Aircraft Accident
Notification, Reporting, and Investigation
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11
12
13
14
15
3-28
and
3-30
and
4-1
4-4
and
4-6
and
4-8
4-11
and
4-13
and
4-15
4-18
and
4-20
and
4-22
4-25
and
4-27
Read: Textbook Chapter 13
Prepare: Answers to all Workbook
Chapter 13 questions
Class discussion of Airports & Terminal
Airspace
Read: Textbook Chapter 14
Prepare: Answers to all Workbook
Chapter 14 questions
Read: Textbook Chapter 15
Prepare: Answers to all Workbook
Chapter 15 questions
Read: Textbook Chapter 16
Prepare: Answers to all Workbook
Chapter 16 questions
Class discussion of FAA Regulation of
Airspace
Read: Textbook Chapter 17
Prepare: Answers to all Workbook
Chapter 17 questions
Class discussion of Air Carrier Labor Law
Read: Textbook Chapter 18
Prepare: Answers to all Workbook
Chapter 18 questions
Class discussion of Commercial Space
Operations
Class discussion of Crimes & Aviation
Security
Class Discussion of Labor & Employment
Law, Generally
NOTE: The instructor reserves the right to change this schedule
on reasonable notice.
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