The manufacturing company is responsible for the injuries of the pilot. The manufacturing bears the sole liability because it offered the contract to the subcontractor who provided equipment with flaw that led to the air crash injuring the pilot seriously. The liability is transferred from the subcontractor to the manufacturing company because it the one which offered this contract to the subcontractor. The manufacturing company may make a follow up for compensation from the subcontractor to compensate for the failure of the equipment which caused the failure of the aircraft. The company is suppose to compensate he pilot for the injuries he suffered from the aircraft .He should be compensated such that he could provide the benefits that he could access the benefits he was suppose to access.
If the aircraft was bought a long time before the accident, the difference may arise because the failure of the parts of the aircraft may be associated with the wear and tear of the parts due to depreciation and time changes. The manufacturing company may therefore not be held responsible for an accident because the parts will have worn out.
Business Organizations:
The board of directors of this organization is responsible for authorizing this decision to change the flight jets by replacement. The authority is vested on the board of directors where the Chief Executive Officer (CEO) appends his or her signature for approval of the transaction to take place. The board of directors is the top authority of the company which is responsible for making strategic decisions like this one to replace the jets after the critical analysis of costs by the management accountants.
The cost accounting and management accounting reports should be presented to the management in order to assess the marginal costs which are necessary in making the replacement decisions. The audited management accounting report is therefore the necessary report for this decision to be made.
Insurance and Exculpatory Contracts:
Subrogation is the legal principle bears the rights and obligations of another against the third party in relation to a particular contract, as a renter pilot I will insure myself against risks associated with the third parties in order to ensure that I will be compensated by the contractors of the company hiring me. The company should include the clause in the terms and conditions of work that I will be compensated in case they involve me in the transactions relate to the third parties.
Airline Liability:
Beach Air is responsible to compensate the passengers for the injuries that they suffered since the passengers were passing through the right way or channel therefore the customers cannot be held negligent for the accident that took place. The passengers are entitled full compensation for the injuries they sustained in the accident.
Government Liability:
The USA is impliedly responsible for the negligence of the controller therefore the United States bears the main responsibility of compensation for the deaths of the passengers. The controller is also responsible for negligence therefore responsible for sleeping in the line of duty as well, as for negligence of work by providing wrong instructions.
Accident Reporting:
The incident should be reported to the Federal Aviation Administration (FAA) in order to ensure that aviation regulations and administrative issues are well, taken care of. The accident must also be reported to the National Transportation Security board in order to ensure that the security measures are taken to save the lives of people immediately as well as establishing the cause s of the accident in order to account fully for the liabilities and the consequences of the accident.
Aircraft transaction:
After one conducts a prospective aircraft seller and the model of the aircraft to purchase the selling company usually prepares the next step for the potential buyer before making a phone call. It is up to the buyer to ask for any clarification on the specification of the aircraft because sometimes the seller may not specify the kind of information that the buyer needs. Research shows that some sellers are honest but others are not and so one must always be cautious by verifying every claim made by the client. One therefore has to check personally whether every claim made is true. Some of the enquiries that one can make at this stage include; aircraft registration, serial number, avionics installed, reasons for selling the aircraft, the interior condition, total time airframe, and any other information crucial surrounding ownership. One must always whether there is a statement of conformity which is fixed by the manufacturers who builds the planes. This is a document that confirms whether the aircraft meets the standards. This is a measure that is intended to ensure that the aircraft has not only met the manufacture standards but also meets the required security measures. An aircraft must always be inspected twice to determine the mechanical condition of the aircraft as well as the cost for rectifying any unservicability. It is easy to adjust the blue book can be changed that have the estimates for all items affecting the aircrafts value including the engine hours, the interior, exterior, and avionics.
Though the Blue Book do not price an individual’s aircraft it tells one what an aircraft identified has sold for the last six months. Airports: There is Federal funding for any public airport only if the public airport system is sponsored by the grant-eligible agency. A grant-public eligible agency is a department that is established by the local government of every state and it must be defined under the law of that state. Furthermore, it must be publicly owned and available for use by any member of the public. It is also dependent on the legislative appropriation therefore; eligibility do not guarantees state funding. Noise in airport can be controlled by adopting a number of measures for instance, acquiring the right equipment to reduce airplane noise at the source, passing policies that there is proper land-use as well as planning and management measures.
There is also need to introduce noise abatement operational procedures as well as introduction of local operational procedures that relate to noise problems. Public airport team seeking to establish an airport in their hometown is can petition the local government to draft a policy that protects the airport from any developers wishing to build tall buildings near the airport. The local government which approves any building prevents building homes or developing projects that are noise-sensitive. Therefore, to protect the public from excessive, aircraft noise. As long as the public airport has been registered and licensed by the government, it has the right to regulate the kind of aircraft and aviation activities use the airport. The airport has a governing body that is composed of government representatives and therefore it has all the authority to regulate the kind of activities that should take place in their territory and the kind of aircrafts that should use the airport.
Airspace: The Department of Defense is a department that has been mandated with responsibility of ensuring security. It therefore has powers to declare that the airspace off limits for civil aircraft. In order to accomplish this objective, the department needs to first consult all the stakeholders. It must first draft a bill with reasons why it wishes to acquire the airspace over North Dakota for military use. After drafting the bill is taken to federal government for members of the congress to debate and if the bill is passed it forwarded to the president and if the president signs it can be enacted. All the interested parties for instance the Aircraft owners and pilots Association have the opportunity to give their opinions when the bill is being drafted because they are the stakeholders and parties which can be affected by the new changes.The aircraft-owner pilot committed a crime by performing a task of a FAA-certified, fabricating the fuel tank that can be pulled out on arrival at the air show. The owner is not only rising his or her own life but also of the people in the show because the aircraft can easily cause an accident. The possible penalties includes imprisonment for a term not exceeding 14 years whether within the country or outside.
Aviation Security:
The pilots should also be required to go through the same pre-boarding screening in order to ensure that the security of the flight is guaranteed such that no chances of explosive or other dangerous materials or items are taken into the plane before the flight starts.Employment law/Labor Relations:The company has no powers or authority just to drop the health insurance benefit because the pilots have their labor rights to be insured against the risks of flight. The labor unions and the employment relations cannot allow the rights of the pilots to be infringed by the organization. The company must therefore follow a specified procedure in making this decision of dropping the health insurance benefit.
An employer of an aircraft dealership does not comply with the law by forcing the secretary to come early in the morning to complete workload for a previous day. This is because the law categorically stipulates that any work done outside the normal working hours is considered over time. The workload may have been too much to complete before 5 PM. The possible consequence of this violation to the employer is fines for violation of the law and an order to be paying the secretary.
References
Indiana Continuing Legal Education Forum (2007). Aviation law. Indianapolis: Indiana Continuing Legal Education Forum.
Pearson (2013). Aviation law. S.l.: Delmar.
Underdown, R. B., Palmer, T., & Taylor, S. E. (2000). Aviation law for pilots. Oxford: Blackwell Science.
