Greg Reigel's Aero Legal Services

Aviation Law Discussions

Subscribe XML

A site devoted to aviation law, safety and security.

December 31, 2009

2010 Aviation Excise Tax Rates

If you operate a private or commercial business aircraft you pay Federal Excise Taxes (FET) either on fuel or on the transportation of persons or property. Most private aircraft operations under FAR Part 91 are subject to the fuel tax on non-commercial aviation, while commercial aircraft operations under FAR Part 135 are subject to the tax on transportation of persons or property. For calendar year 2010, the commercial operations excise taxes will be as follows: the domestic segment fee will be $3.70; the international arrival/departure tax will remain at $16.10; and the tax for Hawaii and Alaska flights (which applies only to departures) will be $8.10; and the tax for domestic commercial air transportation will remain at 7.5 percent. The 2010 tax rates are applicable until March 31, 2010, when the current FAA reauthorization extension will expire. The rates may change at that time, depending upon what Congress does with the FAA reauthorization.

Posted by Greg

December 29, 2009

Proving Intent In An Intentional Falsification Case

In two recent opinions issued by the District of Columbia Circuit of the United States Court of Appeals the Court addressed the National Transportation Safety Board’s ("NTSB") seemingly biased attempts to approve two FAA revocation orders against airmen facing intentional falsification claims. The decisions address the defense of lack of intent that each airman asserted in opposition to the FAA's claim. For a discussion of the cases and their implications for the "lack of intent" defense, please read my article on the topic here.

Posted by Greg

December 23, 2009

Happy Holidays!

Wishing all of my readers, clients and friends happy holidays. Looking forward to an improving aviation industry/market and a prosperous new year.

Also, as we head into the new year, I would appreciate receiving any feedback you might care to share regarding Aviation Law Discussions: What you like. What you don't like. What you would like to see. Etc. You can send your comments to me directly at greigel@aerolegalservices.com.

Thanks.

Posted by Greg

December 11, 2009

FAA Maintains Percentage Rates For Random Drug And Alcohol Testing Of Safety-Sensitive Employees

In a Notice published today, the FAA stated "that the minimum random drug and alcohol testing percentage rates for the period January 1, 2010, through December 31, 2010, will remain at 25 percent of safety-sensitive employees for random drug testing and 10 percent of safety-sensitive employees for random alcohol testing." Since the reported random drug test positive rate for 2008 was less than 1.00% (it was actually 0.558%) and the minimum random alcohol test rate for 2008 was less than 0.50% (it was actually 0.123%) the FAA may continue the current rates for calendar year 2010.

For further information regarding the annual random testing percentage rates you should review FAR Part 120.109(b) (for drug testing), and FAR Part 120.217(c) (for alcohol testing) or you may contact Mr. Jeffrey Stookey, Office of Aerospace Medicine, Drug Abatement Division, Program Analysis Branch (AAM-810), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8442.

Posted by Greg

December 01, 2009

Equity Will Not Save An Airman From Dismissal Of A Late-Filed Appeal

In a recent case, Administrator v. Gallaway, the FAA issued an emergency order revoking the airman's private pilot certificate. The airman filed an appeal of the FAA's order with the NTSB over a week after it was due. The FAA then moved to dismiss the appeal based upon the untimely filing. The Administrative Law Judge ("ALJ") granted the FAA's motion finding that the airman did not have good cause for the untimely filing. The airman then appealed the dismissal to the full Board.

On appeal, the airman argued that his attorney's emergency hospitalization constituted good cause for the untimely filing. He also asked the Board to "consider the principles of equity, rather than [its] case law and Rules of Practice." The Board initially observed that it "strictly adheres to this standard of timeliness, and the requirement for a showing of good cause in cases of untimely appeals." It went on to note that it "considers timeliness in emergency cases to be paramount, given the expedited timeline applicable to emergency orders that Congress has prescribed by statute."

Addressing the airman's arguments, the Board found that the airman had not submitted affidavits or any other records to support his claim that his original attorney had been hospitalized and was unable to represent him. With respect to the airman's argument for the application of equity, the Board stated that it "will not alter our good cause standard in order to suit certain circumstances." As a result, the Board affirmed the ALJ's dismissal of the airman's appeal.

This decision isn't surprising, given the Board's longstanding position on this issue. Although the Board seems to be rejecting the airman's plea for equity/fairness, I don't think that is the case. The Board was still willing to allow an untimely appeal based upon a showing of "good cause." If the airman had presented any evidence to support his claim, he at least would have had a chance, although it may still not have been successful given the Board's exceedingly high standard for what constitutes "good cause." Unfortunately for the airman, the Board was not willing to ignore that standard in considering his untimely appeal.

Posted by Greg

Aviation Law Discussions - Archives

12/01/2003 - 12/31/2003
01/01/2004 - 01/31/2004
02/01/2004 - 02/29/2004
03/01/2004 - 03/31/2004
04/01/2004 - 04/30/2004
05/01/2004 - 05/31/2004
06/01/2004 - 06/30/2004
07/01/2004 - 07/31/2004
08/01/2004 - 08/31/2004
09/01/2004 - 09/30/2004
10/01/2004 - 10/31/2004
11/01/2004 - 11/30/2004
12/01/2004 - 12/31/2004
01/01/2005 - 01/31/2005
02/01/2005 - 02/28/2005
03/01/2005 - 03/31/2005
04/01/2005 - 04/30/2005
05/01/2005 - 05/31/2005
06/01/2005 - 06/30/2005
07/01/2005 - 07/31/2005
08/01/2005 - 08/31/2005
09/01/2005 - 09/30/2005
10/01/2005 - 10/31/2005
11/01/2005 - 11/30/2005
12/01/2005 - 12/31/2005
01/01/2006 - 01/31/2006
02/01/2006 - 02/28/2006
03/01/2006 - 03/31/2006
04/01/2006 - 04/30/2006
05/01/2006 - 05/31/2006
06/01/2006 - 06/30/2006
07/01/2006 - 07/31/2006
08/01/2006 - 08/31/2006
09/01/2006 - 09/30/2006
10/01/2006 - 10/31/2006
11/01/2006 - 11/30/2006
12/01/2006 - 12/31/2006
01/01/2007 - 01/31/2007
02/01/2007 - 02/28/2007
03/01/2007 - 03/31/2007
04/01/2007 - 04/30/2007
05/01/2007 - 05/31/2007
06/01/2007 - 06/30/2007
07/01/2007 - 07/31/2007
08/01/2007 - 08/31/2007
09/01/2007 - 09/30/2007
10/01/2007 - 10/31/2007
11/01/2007 - 11/30/2007
12/01/2007 - 12/31/2007
01/01/2008 - 01/31/2008
02/01/2008 - 02/29/2008
03/01/2008 - 03/31/2008
04/01/2008 - 04/30/2008
05/01/2008 - 05/31/2008
06/01/2008 - 06/30/2008
07/01/2008 - 07/31/2008
08/01/2008 - 08/31/2008
09/01/2008 - 09/30/2008
10/01/2008 - 10/31/2008
11/01/2008 - 11/30/2008
12/01/2008 - 12/31/2008
01/01/2009 - 01/31/2009
02/01/2009 - 02/28/2009
03/01/2009 - 03/31/2009
04/01/2009 - 04/30/2009
05/01/2009 - 05/31/2009
06/01/2009 - 06/30/2009
07/01/2009 - 07/31/2009
08/01/2009 - 08/31/2009
09/01/2009 - 09/30/2009
10/01/2009 - 10/31/2009
11/01/2009 - 11/30/2009
12/01/2009 - 12/31/2009
01/01/2010 - 01/31/2010
02/01/2010 - 02/28/2010
03/01/2010 - 03/31/2010
04/01/2010 - 04/30/2010
05/01/2010 - 05/31/2010
06/01/2010 - 06/30/2010
07/01/2010 - 07/31/2010
08/01/2010 - 08/31/2010
09/01/2010 - 09/30/2010
10/01/2010 - 10/31/2010
11/01/2010 - 11/30/2010
12/01/2010 - 12/31/2010
01/01/2011 - 01/31/2011
02/01/2011 - 02/28/2011
03/01/2011 - 03/31/2011
05/01/2011 - 05/31/2011
06/01/2011 - 06/30/2011
07/01/2011 - 07/31/2011
08/01/2011 - 08/31/2011
09/01/2011 - 09/30/2011
10/01/2011 - 10/31/2011
11/01/2011 - 11/30/2011
12/01/2011 - 12/31/2011
01/01/2012 - 01/31/2012
02/01/2012 - 02/29/2012
03/01/2012 - 03/31/2012
04/01/2012 - 04/30/2012
05/01/2012 - 05/31/2012
06/01/2012 - 06/30/2012
07/01/2012 - 07/31/2012
08/01/2012 - 08/31/2012
10/01/2012 - 10/31/2012
11/01/2012 - 11/30/2012
12/01/2012 - 12/31/2012
02/01/2013 - 02/28/2013
04/01/2013 - 04/30/2013
05/01/2013 - 05/31/2013
06/01/2013 - 06/30/2013
07/01/2013 - 07/31/2013
08/01/2013 - 08/31/2013
11/01/2013 - 11/30/2013
12/01/2013 - 12/31/2013
01/01/2014 - 01/31/2014
02/01/2014 - 02/28/2014
05/01/2014 - 05/31/2014
07/01/2014 - 07/31/2014
08/01/2014 - 08/31/2014
10/01/2014 - 10/31/2014
12/01/2014 - 12/31/2014
01/01/2015 - 01/31/2015
03/01/2015 - 03/31/2015
04/01/2015 - 04/30/2015
06/01/2015 - 06/30/2015
07/01/2015 - 07/31/2015
08/01/2015 - 08/31/2015
10/01/2015 - 10/31/2015
12/01/2015 - 12/31/2015
03/01/2016 - 03/31/2016
07/01/2016 - 07/31/2016
08/01/2016 - 08/31/2016
10/01/2016 - 10/31/2016
01/01/2017 - 01/31/2017
02/01/2017 - 02/28/2017
03/01/2017 - 03/31/2017
04/01/2017 - 04/30/2017
05/01/2017 - 05/31/2017
06/01/2017 - 06/30/2017
07/01/2017 - 07/31/2017
08/01/2017 - 08/31/2017
09/01/2017 - 09/30/2017
10/01/2017 - 10/31/2017
11/01/2017 - 11/30/2017
12/01/2017 - 12/31/2017
01/01/2018 - 01/31/2018
02/01/2018 - 02/28/2018
03/01/2018 - 03/31/2018
05/01/2018 - 05/31/2018
07/01/2018 - 07/31/2018
08/01/2018 - 08/31/2018
09/01/2018 - 09/30/2018
10/01/2018 - 10/31/2018
12/01/2018 - 12/31/2018
01/01/2019 - 01/31/2019
02/01/2019 - 02/28/2019
04/01/2019 - 04/30/2019
05/01/2019 - 05/31/2019
07/01/2019 - 07/31/2019
08/01/2019 - 08/31/2019
09/01/2019 - 09/30/2019

< ? law blogs # >