Insights & Articles header image 4

April 9th, 2014 by Kali M. Hague

Thinking of operating an aircraft in a sole-purpose company to minimize liability? Think again. One of the most frequently-violated FAA regulations is found in one of the most well-known, but misinterpreted, provisions. As a general rule, Federal Aviation Regulation (FAR) Part 91 operators may not charge or accept reimbursement for flights. Owners and pilots forget that the regulation is not limited to unrelated third-parties.

Click here to download full article.

February 17th, 2014 by Lori N. Edwards-McGee

Aircraft transactions should never be initiated without support from a trusted advisor. When attempting to purchase and register aircraft, resist the temptation to guess how to complete the required FAA forms. The process is not intuitive and many of the requirements that will delay a closing are not contained in the regulations.

Click here to download full article.

February 11th, 2014 by Kent S. Jackson

SMS is essentially a quality management approach to controlling risk. Corporate lawyers tend to obsess about potential liabilities associated with aircraft, so they should love SMS.

Except that they don’t. Lawyers also fear records. They hate having information that can be subpoenaed, especially if there is no clear regulatory requirement to retain the records. Corporate counsel for Part 121 and Part 135 air carriers learn to live with these records because a carrier can utilize voluntary disclosure programs to avoid or minimize enforcement action following self-discovered mistakes.

Click here to download full article.

January 2nd, 2014 by Phil Crowther

Where an employee, or a guest of an employee, uses an aircraft for personal transportation, the fringe benefit rules generally require the employer to treat the value of such personal use as additional compensation to the employee. In the case of aircraft, the rules governing the calculation of these amounts are fairly complex and the rates change from year to year. Here is our annual refresher.

Click here to download full article.

January 1st, 2014 by Kent S. Jackson

Earlier this year on a red-eye flight from China, I had the pleasure of sitting next to a highly intoxicated and unusually talkative German. As the sun rose and breakfast was served, the flight attendant cheerfully passed him another Guinness. He was happy. She was happy. I was not. Was the FAA?

Click here to download full article.

January 1st, 2014 by Kent S. Jackson

The U.S. Department of Transportation (DOT) published a long-awaited Notice of Proposed Rulemaking (NPRM) entitled “Enhanced Consumer Protections for Charter Air Transportation” on Sept. 30, 2013, and then the federal government promptly shut down.

Click here to download full article.

December 13th, 2013 by Lori N. Edwards-McGee

Jackson & Wade, LLC, is NBAA’s newest approved Professional Development Program (PDP) provider. The firm’s course, “Regulatory Compliance and Documentation,” meets NBAA’s PDP Objective Operations 3, which is to “develop the knowledge and understanding to establish a recordkeeping system to document regulatory compliance and initiate
appropriate action.”

Read more here: http://www.nbaa.org/prodev/pdp/20131213-aviation-law-firm-becomes-newest-professional-development-program-provider.php.

October 1st, 2013 by Kent S. Jackson

The market adage, “Don’t try to catch the falling knife,” was born of hard experience. But in the used aircraft world, the knife seems to have finally hit the floor, and buyers are gradually emerging from the shadows of recession. There is no doubt that buyers and sellers are wary now, but are they smarter?

Click here to download full article.

August 5th, 2013 by Michelle M. Wade

International aircraft transactions require a high level of preparation. To improve the success of an international sale, we’ve identified 6 expert tips for buying and selling an aircraft across international boundaries. The combination of common sense, advanced planning, and a valued tax advisor can return a turbulence-free sale.

Click here to download full article.

For additional legal advice regarding international aircraft transactions, contact Kent Jackson or Michelle Wade, Jackson & Wade, LLC, 913-338-1700.

July 16th, 2013 by Michelle M. Wade

 

Very frequently a non-US citizen (at least according to the FAA’s definition of US Citizen) wants to register an Aircraft in the US. Sometimes owners unexpectedly fall into this category, such as where your corporation has a president who is not a US citizen, or your corporation is owned by individuals or entities who do not meet the FAA’s definition of US citizen. Or maybe you are a publicly traded corporation with no control over who owns your company. In any of these events, you may find yourself in a situation where the FAA says you cannot register an aircraft in the US, at least not in the traditional sense. One alternative route to registration often utilized is the “owner trust” whereby a bank or other entity serves as trustee for registration purposes, with the actual owner being the beneficiary of the trust. But for some, another alternative may provide a path to registration.

Click here to download full article.