Aviation Law Exam 3 with Complete
Solutions
What is the discretionary function? Correct Ans-A discretionary function is an exercise of
judgement in the nature of making government policy.
What difference does it make whether a government employees activities alleged to have
contributed to cause an aircraft accident were a discretionary function or not? Correct Ans-
Both A and B.....
A: If the employee's activites were a discretionary function, the government cannot be sued
under the Federal Tort Cliams Act because of Sovereign immunity still applies
B: If the employees actives are not found to have been a discretionary function, the government
may be found liable
__________ law is that body of law created by judges through hundreds of years of accumulated
judicial pronouncements of what law is, is a major source of the law in the United States
Correct Ans-Common
What accident and incidents are you required to report to the FAA? Correct Ans-No accident
or incident is required to be reported to the FAA.
The Warsaw Convention airline liability timeframe. Correct Ans-two years statute of
Limitation from intended conclusions of trip.
, Discretionary Function Correct Ans-Part of the 6 Exceptions to Gov. Liability
-Government employees performing a discretionary function
-Planning and Policy makers exempt
Regulation governing Accident accident reporting. Correct Ans-49 CFR Part 830-
Notification and reporting of Aircraft Accidents or Incidents and Overdue aircraft, and
Preservation of Aircraft Wreckage, Mail, Cargo, and Records... .5..... immediate notification....
- NTSB 830
Accident and incident reporting requirements Correct Ans-NTSB 830.5
-The operator of any ciil aircraft, or any public aircraft not operated by the armed forces or an
intelligence agency of the US, or any foreign aircraft shall immediately, and and by the most
expeditious means available, notify the NEAREST NTSB OFFICe when.....
Flight Crew member and FAA representation during accident investigation.
---830.15 Reports and statements to be filed Correct Ans-(b)- Crew member statement. Each
crew member, if physically able at the time the report is submitted, shall attach a statement
setting forth the facts, conditions, and circumstances, relating to the accident or incident as they
appear to him.
-----NTSB Informal inquiry during on-site phase
-FAA representative written statement agreeing to not using anything said against you for
enforcement action. If FAA does Rep does not agree exclude form the informal inquiry.
Solutions
What is the discretionary function? Correct Ans-A discretionary function is an exercise of
judgement in the nature of making government policy.
What difference does it make whether a government employees activities alleged to have
contributed to cause an aircraft accident were a discretionary function or not? Correct Ans-
Both A and B.....
A: If the employee's activites were a discretionary function, the government cannot be sued
under the Federal Tort Cliams Act because of Sovereign immunity still applies
B: If the employees actives are not found to have been a discretionary function, the government
may be found liable
__________ law is that body of law created by judges through hundreds of years of accumulated
judicial pronouncements of what law is, is a major source of the law in the United States
Correct Ans-Common
What accident and incidents are you required to report to the FAA? Correct Ans-No accident
or incident is required to be reported to the FAA.
The Warsaw Convention airline liability timeframe. Correct Ans-two years statute of
Limitation from intended conclusions of trip.
, Discretionary Function Correct Ans-Part of the 6 Exceptions to Gov. Liability
-Government employees performing a discretionary function
-Planning and Policy makers exempt
Regulation governing Accident accident reporting. Correct Ans-49 CFR Part 830-
Notification and reporting of Aircraft Accidents or Incidents and Overdue aircraft, and
Preservation of Aircraft Wreckage, Mail, Cargo, and Records... .5..... immediate notification....
- NTSB 830
Accident and incident reporting requirements Correct Ans-NTSB 830.5
-The operator of any ciil aircraft, or any public aircraft not operated by the armed forces or an
intelligence agency of the US, or any foreign aircraft shall immediately, and and by the most
expeditious means available, notify the NEAREST NTSB OFFICe when.....
Flight Crew member and FAA representation during accident investigation.
---830.15 Reports and statements to be filed Correct Ans-(b)- Crew member statement. Each
crew member, if physically able at the time the report is submitted, shall attach a statement
setting forth the facts, conditions, and circumstances, relating to the accident or incident as they
appear to him.
-----NTSB Informal inquiry during on-site phase
-FAA representative written statement agreeing to not using anything said against you for
enforcement action. If FAA does Rep does not agree exclude form the informal inquiry.
