![]() ![]() ![]() So, in the case mentioned in the SMU analysis (above) the ALJ and NTSB found the behavior of the pilot " reckless" and "deliberate" and, apparently on this basis denied benefits otherwise available when filing a NASA form under the Aviation Safety Reporting Program. However, one of the eligibility requirements for receiving the benefits of filing a NASA form is that the "violation was inadvertent and not deliberate." (see para. It should be noted that in AC 00-46 (Aviation Safety Reporting Program - filing of a NASA Aviation Safety Report) no civil penalty or certificate suspension is imposed if the criteria for inclusion in the program are satisfied. c., discussing a case regarding a violation of FAR 91.155, "The administrative law judge (ALJ) and the Board uniformly characterized this." (the actions of the pilot involved) ".as " intentional, reckless and deliberate behavior and prohibited the application of the Aviation Safety Reporting Program." (emphasis is mine) 4, entitled " Reckless Standards," is an interesting discussion closely on point with my question (above).Īlso, on page 84, para. It is a long read, but importantly, beginning on page 71 is a background and analysis of 91.13. Part 91 See and Avoid Rules to Identify Provisions Focused on Pilot Responsibilities to See and Avoid in the National Airspace System (2015) provides some historical context regarding the evolution of FAR 91.13 (and its predecessor regulations). This link from SMU (Southern Methodist University, Dallas, TX), entitled A Legal Analysis of 14 C.F.R. Maybe there is a knowledgeable person in the ASE community that can shed some light on this question.Īfter reading the comments and responses below (as of ), I have added some editorial information to my question: (probably far more than you want to read, but interesting nevertheless) My question is certainly not, in general, a novel one. ![]() This is an interesting article that discusses Is “Careless” Different From “Reckless” Under FAR 91.13(a)? No person may operate an aircraft in a careless OR reckless manner so as to endanger the life or property of another.(emphasis is mine)Ĭan a person be operating contrary to this regulation in both a "Careless" AND "Reckless" manner during the same operation or are these two separate offenses under single FAR (91.13 )? (a) Aircraft operations for the purpose of air navigation. 14 CFR Part 91.13 Careless or reckless operation states: ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |