December Legal Tip

Punctuation can matter in understanding how a regulation may apply to our flight activities. It also could make a difference in evaluating the merit of an FAA enforcement case. AOPA Counsel Attorney Kathy Yodice explains two cases in which something as small as a comma and a semicolon had a big impact.

When it’s time to do your flight planning, be sure to calculate your minimum fuel requirements according to the rules – identify the flight course and distance, apply normal cruise power settings for the particular aircraft, and consider timely weather reports to calculate the fuel needed to complete the planned flight. Then make sure to identify the correct reserve amount you’ll need for your particular flight.

A FAR 61.56 Flight Review is due every 24 calendar months in order to serve as PIC of an aircraft, unless you fall in one of the exceptions. These exceptions include passing a proficiency check, practical test or satisfactorily completing a renewal of a flight instructor certificate. The flight review consists of a ground and flight portion, each required to be at least 1 hour.

As the pilot in command of an aircraft, federal aviation regulation 91.7 makes you responsible for determining whether your aircraft is in an airworthy condition before it is flown. What does “airworthy” mean?

Do you pay heed to pilot weather reports you can hear while en route? In at least one case, the FAA used the fact that pireps could be heard over the radio in the same sector as evidence that the airman should have known of the adverse weather conditions affecting his flight.

As if filling out tax forms isn't challenging enough, it can get even more difficult to claim aviation-related expenses, depreciation, and other deductions. You must make an extra effort to document and justify a claimed deduction to be able to survive IRS scrutiny.

How long is a solo endorsement valid? The regulations can be confusing, even misleading, but recent FAA interpretation provides some clarification by distinguishing between student pilots and already-certificated pilots seeking additional certificates or ratings.

In the Aeronautical Information Manual, the FAA urges every pilot to file a flight plan with the FAA that specifies information relating to the intended flight. For flights under IFR, a flight plan is required; for flights under VFR, a flight plan is optional.

If you’re planning to fly into Frederick, Maryland, for AOPA’s Homecoming Fly-In on Oct. 4, you’ll need to be sure to fulfill your pre-flight obligations in familiarizing yourself with the operating times of the tower and any special procedures for arrivals and departures at the airport.

When you’re at an airport without an operating tower in Class G airspace, can ATC clear you to make turns to the right even though the regulation requires that all turns when approaching the airport must be made to the left?

It's not often that the FAA takes enforcement action against student pilots for violations of the FAA's regulations, but the few that do occur generally fall into three categories: errors on the medical application form, carrying passengers, and failure to have the proper endorsements for a flight.

One simple rule applies to all pilots, in any flying environment, in any aircraft, and it is arguably the most fundamental rule of flying that keeps us safe--see and avoid. It makes simple sense, doesn’t it? We’re not alone up there.

May pilots deduct the cost of their flight training for income tax purposes? As with most tax questions, the answer is "sometimes."

The difference between a private pilot flight operation and a commercial pilot flight operation depends on whether there has been any compensation exchanged for the flight. If money passes from the passengers or the person responsible for the cargo on board, that would be considered compensation. But, could compensation mean more than money? You bet.

Judging from the work Yodice Associates has been doing lately to help preserve the freedom to fly, it seems that there are new and bigger legal issues warranting attention.

As students embark on the journey of learning how to fly, they quickly learn that it involves more than knowing how to manipulate the controls to make the aircraft fly and navigate the sky. Sooner or later, students come to understand that there is a myriad of rules and regulations that must be learned and memorized.

Kathy Yodice Attorney, Counsel to AOPA Former FAA attorney Has assisted AOPA members for more than 13 years Pilot since 1994, owns a Cherokee 180 PPS participants-only:Article archives >> Buying an aircraft: ‘As is’ can cause a lot of pain In aviation, we see many terms. One that I find can often be misunderstood or subject to interpretation and debate is the term “as is,” and it is a term commonly used in aviation sales and lease transactions, whether it’s an airplane, an instrument, or a hangar.

The most important part of the logbook is the inside, and your ability to log the information required by the regulations and capture any original signatures that may be necessary.

FAA "ramp checks" are a bit of a mystery. Kathy Yodice, an attorney for AOPA's Pilot Protection Services, explains what to expect from the inspector and how to respond.

As pilot in command of an aircraft, you have a lot of responsibility, especially when you have passengers aboard. Not only must you make sure you are buckled up, but the regulations require that you must also assure that your passengers are buckled up and you must be sure to brief them. I find that the requirements are easiest to remember as a "Rule of Three": briefing, notification, and use.

The Aviation Safety Reporting System (ASRS), known to many as the "NASA report," is designed to get valuable information about what is going on in the system from those who are actually using the system. But the best part is you may possibly 'get out of jail free' by sharing the information.

Understanding the basics of FAA enforcement is something every pilot show know. It can make a big difference if you are ever faced with an FAA enforcement action. Kathy Yodice, Esq., of Yodice Associates, a former FAA attorney and counsel for AOPA's Legal Services Plan, will share her insights from over 20 years of aviation law experience.