COURSE SYLLABUS Course No. AS405 Term: Spring 2016 Campus: Prescott Title: Aviation Law Meetings: M,W,F 8:00 AM – 8:50 AM 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. 1 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. 2 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. 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% 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. 3 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. 4 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 5 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. 6