c
This is a graded discussion: 100 points possible
due Oct 10, 2024
100 153
5.3 Government Liability
Answer
Post your thorough and complete answers to any one of the
following scenarios. Provide the scenario number in
your answer.
Scenario 1 Scenario 2 Scenario 3
It is a quiet predawn morning in the Seattle, WA area and
the lone FAA air traffic controller who is controlling the
airspace in the sector south of the city has been on duty for
seven hours. The weather is clear with a visibility of 15
miles. The only traffic is a Navy helicopter on the East side
of the controller's airspace, transiting the area westbound
en route to a nearby Navy facility, and a private airplane on
the Southside of the controller's airspace flying
northbound. Both aircraft are operating under visual flight
,rules, are in contact with the controller, and flying at an
assigned altitude of 3,500 ft. The controller dozes off, then
is awakened by the ringing telephone, learning that the two
aircraft collided in flight in the controller’s airspace. There
are no survivors. Investigation reveals that the two collided
while in level flight at the altitude assigned each by that
controller.
Analyze the potential liability of the United States and the
controller for the accident. (You may find it helpful to
diagram the positions and approximate tracks of the two
aircraft, first.)
Wiley Post Airport (PWA) is a tower-controlled public
general aviation airport located 7 miles NW of Oklahoma
City. An airshow is planned at the airport tomorrow.
Today, a corporate twin turboprop with a pilot and 4
passengers aboard is approaching the airport from the
north to land in daylight VFR conditions.
The airport’s Automated Terminal Information Service
(ATIS) information Echo is advising: “Wind 180 degrees at
20 kts, runway 17L in use. Use caution for military jet traffic
in the vicinity.” The corporate pilot contacts the FAA-
operated control tower reporting “Beechcraft 76 Charlie 10
north landing with Echo, runway in sight, request straight-in
approach.” The tower controller clears the Beech for the
straight-in approach to runway 17L, repeating the caution
,about military jet aircraft in the area, and the pilot
acknowledges: “76 Charlie clear straight-in for 17L.”
The military traffic is a pair of USAF F-22s that are arriving
for static display at tomorrow’s airshow. They are also in
contact with the tower, but on a different radio frequency
than the corporate turboprop, so the corporate pilot can’t
hear the fighters’ communications with the tower, nor can
the fighter pilots hear those between the corporate pilot
and the tower.
Actually, the fighter pilots are “beating up the field” with a
series of very low, fast, and loud passes in tight formation
to arouse local awareness of and enthusiasm for
tomorrow’s airshow, and just for the rush, in a very wide
and loose righthand traffic pattern for passes down runway
17R.
About 3 miles out on final approach for landing, the
corporate pilot saw the jets pull up from a pass in the
distance, then lost sight of them, assuming that they were
departing. The tower controller clears 76 Charlie to land
17L, saying nothing more about other traffic.
Meanwhile, the fighters overshoot their turn to final for
another fast pass down 17R, and the left-wing of one of the
fighters clips the right-wing of the corporate turboprop,
shearing it off and damaging the fighter. The corporate
aircraft rolls out of control, crashes, and burns in an open
field about 3/4 mile short of the runway. There are no
survivors. The fighters managed to land safely.
, Analyze the potential liability of the United States, the
military pilot, and the controller for the accident. (You may
find it helpful to diagram the positions and approximate
tracks of the aircraft, first.)
For a nation or union of nations other than the U.S.:
Identify and describe generally the law(s) applicable to
determining the liability of the government and its
employees for injuries caused by negligence in:
Air traffic control,
Aviation weather reporting, and
Aircraft airworthiness certification, providing hyperlinks
to references relied on.
Reply
Respond critically and
analytically, but politely
and professionally, to at
least two of your
classmates’ posts. One of
your responses should be to a scenario other than the one you
chose to answer. Express your agreement or disagreement
with their analyses and clearly state your reasons.
Search entries or author Unread
This is a graded discussion: 100 points possible
due Oct 10, 2024
100 153
5.3 Government Liability
Answer
Post your thorough and complete answers to any one of the
following scenarios. Provide the scenario number in
your answer.
Scenario 1 Scenario 2 Scenario 3
It is a quiet predawn morning in the Seattle, WA area and
the lone FAA air traffic controller who is controlling the
airspace in the sector south of the city has been on duty for
seven hours. The weather is clear with a visibility of 15
miles. The only traffic is a Navy helicopter on the East side
of the controller's airspace, transiting the area westbound
en route to a nearby Navy facility, and a private airplane on
the Southside of the controller's airspace flying
northbound. Both aircraft are operating under visual flight
,rules, are in contact with the controller, and flying at an
assigned altitude of 3,500 ft. The controller dozes off, then
is awakened by the ringing telephone, learning that the two
aircraft collided in flight in the controller’s airspace. There
are no survivors. Investigation reveals that the two collided
while in level flight at the altitude assigned each by that
controller.
Analyze the potential liability of the United States and the
controller for the accident. (You may find it helpful to
diagram the positions and approximate tracks of the two
aircraft, first.)
Wiley Post Airport (PWA) is a tower-controlled public
general aviation airport located 7 miles NW of Oklahoma
City. An airshow is planned at the airport tomorrow.
Today, a corporate twin turboprop with a pilot and 4
passengers aboard is approaching the airport from the
north to land in daylight VFR conditions.
The airport’s Automated Terminal Information Service
(ATIS) information Echo is advising: “Wind 180 degrees at
20 kts, runway 17L in use. Use caution for military jet traffic
in the vicinity.” The corporate pilot contacts the FAA-
operated control tower reporting “Beechcraft 76 Charlie 10
north landing with Echo, runway in sight, request straight-in
approach.” The tower controller clears the Beech for the
straight-in approach to runway 17L, repeating the caution
,about military jet aircraft in the area, and the pilot
acknowledges: “76 Charlie clear straight-in for 17L.”
The military traffic is a pair of USAF F-22s that are arriving
for static display at tomorrow’s airshow. They are also in
contact with the tower, but on a different radio frequency
than the corporate turboprop, so the corporate pilot can’t
hear the fighters’ communications with the tower, nor can
the fighter pilots hear those between the corporate pilot
and the tower.
Actually, the fighter pilots are “beating up the field” with a
series of very low, fast, and loud passes in tight formation
to arouse local awareness of and enthusiasm for
tomorrow’s airshow, and just for the rush, in a very wide
and loose righthand traffic pattern for passes down runway
17R.
About 3 miles out on final approach for landing, the
corporate pilot saw the jets pull up from a pass in the
distance, then lost sight of them, assuming that they were
departing. The tower controller clears 76 Charlie to land
17L, saying nothing more about other traffic.
Meanwhile, the fighters overshoot their turn to final for
another fast pass down 17R, and the left-wing of one of the
fighters clips the right-wing of the corporate turboprop,
shearing it off and damaging the fighter. The corporate
aircraft rolls out of control, crashes, and burns in an open
field about 3/4 mile short of the runway. There are no
survivors. The fighters managed to land safely.
, Analyze the potential liability of the United States, the
military pilot, and the controller for the accident. (You may
find it helpful to diagram the positions and approximate
tracks of the aircraft, first.)
For a nation or union of nations other than the U.S.:
Identify and describe generally the law(s) applicable to
determining the liability of the government and its
employees for injuries caused by negligence in:
Air traffic control,
Aviation weather reporting, and
Aircraft airworthiness certification, providing hyperlinks
to references relied on.
Reply
Respond critically and
analytically, but politely
and professionally, to at
least two of your
classmates’ posts. One of
your responses should be to a scenario other than the one you
chose to answer. Express your agreement or disagreement
with their analyses and clearly state your reasons.
Search entries or author Unread
