Law questioon about the GAAR

Question

Joan, pilot-in-command of a general aviation aircraft, violated a FAR and injured her passengers. Joan's flight, at the time of the accident, was engaged in scheduled passenger-carrying operations. Does the General Aviation Revitalization Act of 1994 apply to this aircraft?

a yes, because the aircraft is a general aviation aircraft

b no, because the aircraft was engaged in passenger-carrying operations

c yes, because the aircraft was first delivered more than 18 years ago

d no, because the corporate flight department failed to file a flight plan

Answer 1

Strangely written GARA hypo in that it does not give the date of manufacture of the aircraft and makes no mention of product liability, only of an FAR violation resulting in injury. In any event, aircraft involved in scheduled passnger-carrying operations are not protected by the GARA statute of repose. (GARA is not "immunity". It is a statute of repose.)

Answer 2

b

GARA immunity is for general aviation aircraft only. The federal statute defines what constitutes a general aviation aircraft to be protected:

   1. A general aviation aircraft is any aircraft for which a type or an airworthiness certificate has been issued by the FAA

   2. At the time the airworthiness certificate was originally issued, the aircraft had to have a maximum seating capacity of fewer than 20 passengers.

   3. At the time of the accident the aircraft cannot be engaged in "scheduled" passenger carrying operations.