COURSE SYLLABUS
Course No. AS405 Title: Aviation Law Credit Hours: 3
Term: SUM A 2018 Meetings: M,T,W,Th 12:45PM-2:15PM Room: B74 Rm110
Campus: Prescott
INSTRUCTOR Sarah Nilsson, JD, PhD, MAS.
PHONE 602-561-8665 (cell)
OFFICE HOURS
M-T-W-Th – 11.00 am to 12.40pm or by university email anytime. Email is the easiest method of contact. Furthermore, I maintain a social media presence on Facebook, LinkedIn, and Twitter, so please feel free to connect and reach out to me that way too. I usually check and respond to my university email and social media 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.
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.
EVALUATION SYSTEM
Individual Preparation (HW completed/submitted on time) 20%
Individual Participation 20%
Exam 1 20%
Exam 2 20%
Exam 3 - Final Exam 20%
Total 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 on-time 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.
Students meeting the above criteria will receive 10 points for Individual Participation for each class meeting that is scheduled to include Chapter and/or other discussions.
Please enter your homework assignments into your workbook – class corrections will be made for all work. The three quizzes are open workbook and online.
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.
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.
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.
Respondus LockDown Browser
This course requires the use of LockDown Browser for online exams. Watch this video to get a basic understanding of LockDown Browser:
https://www.respondus.com/products/lockdown-browser/student-movie.shtml
Download and install LockDown Browser from this link:
https://www.respondus.com/lockdown/download.php?id=267517570
Once Installed
- Start LockDown Browser
- Log into to Canvas
- Navigate to the quiz
Note: You won't be able to access a quiz that requires LockDown Browser with a standard web browser. If this is tried, an error message will indicate that the test requires the use of LockDown Browser. Simply start LockDown Browser and navigate back to the exam to continue.
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 access for 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 (DSS). DSS is located on the first floor of Hazy Library, at the end of the hall. You may stop by, call 928/777-6750, or email the director at:
Civil Rights Equity and Title IX: ERAU seeks to provide an environment that is free of bias, discrimination, and harassment. If you have been the victim of harassment, discrimination or sexual misconduct, we encourage you to report this. If you inform me of an issue of harassment, discrimination, or sexual misconduct I will keep the information as private as I can, but I am required to bring it to the attention of the institution’s Title IX Coordinator. If you would like to talk to the Title IX Coordinator (Liz Higgins Frost) directly, she can be reached atBuilding 49, Dean of Students Office, 928-777-3747, . For more information, please refer to the Nondiscrimination/Title IX webpage athttp://prescott.erau.edu/about/health/sexual-misconduct-and-title-ix/index.html.
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 Canvas-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.
COURSE SCHEDULE
WEEK/
SESSION /DATE
/ ASSIGNMENTS / CLASSROOM ACTIVITIES1 / 5-15
5-16
5-17 / 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
Read: Textbook Chapter 3
Prepare: Answers to all Workbook Chapter 3 questions / Introductions, Course & Syllabus Overview, discussion of instructor’s standards and expectations
Class discussion of Aviation Regulatory Agencies and International Organizations
Class discussion of FAA Enforcement and effects of Pilots Bill of Rights
Class discussion of Aviation Medical Certification
2 / 5-21
5-22
5-23
5-24 / EXAM 1: prep
Read: Textbook Chapter 4
Prepare: Answers to all Workbook Chapter 4 questions
Read: Textbook Chapter 5
Prepare: Answers to all Workbook Chapter 5 questions
Read: Textbook Chapter 6
Prepare: Answers to all Workbook Chapter 6 questions / EXAM 1
Class discussion of Basic Principles of Civil Liability as applied to aviation accidents
Class discussion of Organizing an Aviation Business to Limit Civil Liability
Class discussion of Aviation Insurance
3 / 5-29
5-30
5-31 / 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 / 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
4 / 6-4
6-5
6-6
6-7 / Exam 2: prep
Read: Textbook Chapter 10
Prepare: Answers to all Workbook Chapter 10 questions
Read: Textbook Chapter 11
Prepare: Answers to all Workbook Chapter 11 questions
Read: Textbook Chapter 12
Prepare: Answers to all Workbook Chapter 12 questions / EXAM 2
Class discussion of Aircraft Accident Notification, Reporting, and Investigation
Class discussion of Buying & Selling Aircraft
Class discussion of Aircraft Leasing, Co-Ownership, & Fractional Ownership
5 / 6-11
6-12
6-13
6-14 / Read: Textbook Chapter 13
Prepare: Answers to all Workbook Chapter 13 questions
Read: Textbook Chapter 14
Prepare: Answers to all Workbook Chapter 14 questions
Read: Textbook Chapter 15
Prepare: Answers to all Workbook Chapter 15 questions / Class discussion of Airports & Terminal Airspace
Class discussion of FAA Regulation of Airspace
Class discussion of Crimes & Aviation Security
6 / 6-18
6-19
6-20
6-21 / Read: Textbook Chapter 16
Prepare: Answers to all Workbook Chapter 16 questions
Read: Textbook Chapter 17
Prepare: Answers to all Workbook Chapter 17 questions
Read: Textbook Chapter 18
Prepare: Answers to all Workbook Chapter 18 questions
Prepare: for exam 3 / Class Discussion of Labor & Employment Law, Generally
Class discussion of Air Carrier Labor Law
Class discussion of Commercial Space Operations
Exam 3
NOTE: The instructor reserves the right to change this schedule on reasonable notice.
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