Sal's Law
Congratulations your Honor!
Jan. 1st Attorney Lagonia becomes Judge Lagonia of Yorktown, NY.
R.M.@ HPN: I am considering the purchase of a Light Sport Aircraft (LSA) from my local FBO. My intent is to lease the aircraft back to the FBO for use as a rental airplane and for flight training. At one of your seminars I heard you speak about owning an aircraft as a Limited Liability Company to protect against the negligence of other users. Since the type of LSA I am contemplating cannot be used for commercial purposes other than flight training, is it permissible to own the aircraft as an LLC, which is usually thought of as a commercial method of ownership?
Sal’s Law: Your question appears to have an easy answer in that the aircraft is not being used for a commercial purpose, only being owned in the format of a commercial venture. It would be much the same as if a flight school owned the LSA and wanted to use it for flight training, since the flight school is a commercial venture and flight training is a permissible use. You may indeed register the ownership as an LLC or other typical commercial formats.
This is a great opportunity to discuss the advisability of ownership under an “assumed identity” vehicle such as an LLC or Sub Chapter “S” Corporation. These methods will not offer much protection from your own liability for personal negligence; however they do offer some protection from the negligence of other owners or operators. Always back up any ownership with sufficient insurance and best of luck with the venture. The LSA market offers a great opportunity to make flying more affordable.
S.M via email: I recently had a fainting episode as a result of a bit too much stress. It only lasted a few seconds and I was up and aware well before the arrival of an ambulance. However, my family insisted that I get checked out at the local hospital emergency room. Following the check-up I was given a clean bill of health by the doctors. My next flight physical is coming due and I know there is a question about fainting and I also have heard from my hangar buddies that the episode itself could ground me. What do I do?
Sal’s Law: The most important part of any analysis involving any fainting spell is the root cause and the likelihood of a repeat occurrence. There is quite a difference in medical and legal circles from a fainting spell that is caused by the sight of a traumatic incident, to a fainting episode that occurs without warning and for neurological reasons. Obviously the FAA does not want unconscious pilots flying around our skies. Flying is difficult enough without doing it with your eyes closed.
In discussing your case with the FAA Chief medical manager in Oklahoma City, they assure me that they will be looking at the entire incident, not just the fact that you passed out for a short period of time. They may even ask for some follow up evaluation and check your history thoroughly. The fact that some period of time has passed from the occurrence to the evaluation is to your advantage.
The FAA has come a long way from the days when such an incident would be cause for immediate medical denial. Today, the aero-medical section of the FAA is much improved and more user - friendly and they are much more likely to examine the entire incident and its history. Their stated purpose is to keep flying safe and to return as many people to the pilot ranks as possible.
Anon @ TPA: I recently had an unfortunate incident in which I hit a motor vehicle while taxiing my aircraft. The vehicle was parked off the taxiway and my wing clipped the top of the car and caused some minor damage. The car owner wants me to pay for the damage. My position is that the car was parked too close to the taxi area.
Sal’s Law: At first I thought you were flying too low to the turnpike, so I’m glad you added that the car was on the taxi area. Since the car was parked and you were moving , this issue is one that you will probably be found responsible for. The fact that the car was in a prohibited area does not necessarily excuse the collision. Sounds like a simple call to your insurance carrier should resolve the issue. Another great advantage to a high wing airplane!
Blue skies!
Sal Lagonia