Ferguson V. NTSB
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Ferguson V. NTSB
''Ferguson v. NTSB'', 678 F. 2d 821 (9th Cir. 1982) is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit handed down on June 2, 1982. On July 31, 1979 Lowell G. Ferguson was the captain of a Western Airlines Boeing 737-200 jetliner operating as Flight 44 from Los Angeles, California, to seven destinations, including Las Vegas, Nevada; Denver, Colorado; and Sheridan, Wyoming. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations (FARs). The first officer flew the aircraft, while Ferguson handled radio communications. However, by regulation, Ferguson was the pilot in command as captain of the aircraft. Neither crew member had ever landed at Sheridan, but each thought that the other had done so in the past. At approximately 10:00 p.m. MDT, the crew mistakenly landed the aircraft at Buffalo, Wyoming, thinking it was their destination airport of Sheridan. While there wa ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Las Vegas, Nevada
Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas Valley metropolitan area and is the largest city within the greater Mojave Desert. Las Vegas is an internationally renowned major resort city, known primarily for its gambling, shopping, fine dining, entertainment, and nightlife. The Las Vegas Valley as a whole serves as the leading financial, commercial, and cultural center for Nevada. The city bills itself as The Entertainment Capital of the World, and is famous for its luxurious and extremely large casino-hotels together with their associated activities. It is a top three destination in the United States for business conventions and a global leader in the hospitality industry, claiming more AAA Five Diamond hotels than any other city in the world. Today, Las Vegas annually ranks as one ...
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National Transportation Safety Board
The National Transportation Safety Board (NTSB) is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incidents, certain types of highway crashes, ship and marine accidents, pipeline incidents, bridge failures, and railroad accidents. The NTSB is also in charge of investigating cases of hazardous materials releases that occur during transportation. The agency is based in Washington, D.C. It has four regional offices, located in Anchorage, Alaska; Denver, Colorado; Ashburn, Virginia; and Seattle, Washington. The agency also operates a national training center at its Ashburn facility. History The origin of the NTSB was in the Air Commerce Act of 1926, which assigned the United States Department of Commerce responsibility for investigating domestic aviation accidents. Before the NTSB, the Federal Aviation Administration's (FAA; at the t ...
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Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ...
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Air Traffic Control
Air traffic control (ATC) is a service provided by ground-based air traffic controllers who direct aircraft on the ground and through a given section of controlled airspace, and can provide advisory services to aircraft in non-controlled airspace. The primary purpose of ATC worldwide is to prevent collisions, organize and expedite the flow of air traffic, and provide information and other support for pilots. Air traffic controllers monitor the location of aircraft in their assigned airspace by radar and communicate with the pilots by radio. To prevent collisions, ATC enforces traffic separation rules, which ensure each aircraft maintains a minimum amount of empty space around it at all times. In many countries, ATC provides services to all private, military, and commercial aircraft operating within its airspace. Depending on the type of flight and the class of airspace, ATC may issue ''instructions'' that pilots are required to obey, or ''advisories'' (known as ''flight infor ...
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Airline Transport Pilot Licence
The airline transport pilot license (ATPL), or in the United States of America, an airline transport pilot (ATP) certificate is the highest level of aircraft pilot certificate. In the United States, those certified as airline transport pilots (unconditional) are authorized to act as pilot in command on scheduled air carriers' aircraft under CFR 14 Part 121. In the UK, pilots must hold an ATPL before they can be pilot in command on an aircraft with nine or more passenger seats. Context Any pilot operating an aircraft for pay must start by obtaining a commercial pilot licence (CPL). Airline transport pilot certifications do not have special endorsements, such as an instrument rating, as airline transport pilots must already possess knowledge and training in these areas. However, aircraft heavier than 12,500 pounds still require pilots to have a "type rating" (specific to the make and model of aircraft) certification. Theoretical examination EASA The EASA ATPL requires ...
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Federal Aviation Administration
The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic management, certification of personnel and aircraft, setting standards for airports, and protection of U.S. assets during the launch or re-entry of commercial space vehicles. Powers over neighboring international waters were delegated to the FAA by authority of the International Civil Aviation Organization. Created in , the FAA replaced the former Civil Aeronautics Administration (CAA) and later became an agency within the U.S. Department of Transportation. Major functions The FAA's roles include: *Regulating U.S. commercial space transportation *Regulating air navigation facilities' geometric and flight inspection standards *Encouraging and developing civil aeronautics, including new aviation technology *Issuing, suspending, or revoking ...
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Mountain Daylight Time
The Mountain Time Zone of North America keeps time by subtracting seven hours from Coordinated Universal Time (UTC) when standard time ( UTC−07:00) is in effect, and by subtracting six hours during daylight saving time ( UTC−06:00). The clock time in this zone is based on the mean solar time at the 105th meridian west of the Greenwich Observatory. In the United States, the exact specification for the location of time zones and the dividing lines between zones is set forth in the Code of Federal Regulations at 49 CFR 71. In the United States and Canada, this time zone is generically called Mountain Time (MT). Specifically, it is Mountain Standard Time (MST) when observing standard time, and Mountain Daylight Time (MDT) when observing daylight saving time. The term refers to the Rocky Mountains, which range from British Columbia to New Mexico. In Mexico, this time zone is known as the or ("Pacific Zone"). In the US and Canada, the Mountain Time Zone is to the east of the ...
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Pilot In Command
The pilot in command (PIC) of an aircraft is the person aboard the aircraft who is ultimately responsible for its operation and safety during flight. This would be the captain in a typical two- or three-pilot aircrew, or "pilot" if there is only one certificated and qualified pilot at the controls of an aircraft. The PIC must be legally certificated (or otherwise authorized) to operate the aircraft for the specific flight and flight conditions, but need not be actually manipulating the controls at any given moment. The PIC is the person legally in charge of the aircraft and its flight safety and operation, and would normally be the primary person liable for an infraction of any flight rule. The strict legal definition of PIC may vary slightly from country to country. The International Civil Aviation Organization, a United Nations agency, definition is: "The pilot responsible for the operation and safety of the aircraft during flight time." ''Flight time'' for airplanes is defined ...
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First Officer (aeronautics)
In aviation, the first officer (FO), also called co-pilot, is the pilot who is second-in-command of the aircraft to the captain, who is the legal commander. In the event of incapacitation of the captain, the first officer will assume command of the aircraft. Control of the aircraft is normally shared equally between the first officer and the captain, with one pilot normally designated the "pilot flying" and the other the "pilot not flying", or "pilot monitoring", for each flight. Even when the first officer is the flying pilot, however, the captain remains ultimately responsible for the aircraft, its passengers, and the crew. In typical day-to-day operations, the essential job tasks remain fairly equal. Traditionally, the first officer sits on the right-hand side of a fixed-wing aircraft ("right seat") and the left-hand side of a helicopter (the reason for this difference is related to, in many cases, the pilot flying being unable to release the right hand from the cyclic contr ...
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Federal Aviation Regulations
The Federal Aviation Regulations (FARs) are rules prescribed by the Federal Aviation Administration (FAA) governing all aviation activities in the United States. The FARs comprise Title 14 of the Code of Federal Regulations (CFR). A wide variety of activities are regulated, such as aircraft design and maintenance, typical airline flights, pilot training activities, hot-air ballooning, lighter-than-air aircraft, man-made structure heights, obstruction lighting and marking, model rocket launches, commercial space operations, model aircraft operations, Unmanned Aircraft Systems (UAS) and kite flying. The rules are designed to promote safe aviation, protecting pilots, flight attendants, passengers and the general public from unnecessary risk. FAR vs. 14 CFR Since 1958, these rules have typically been referred to as "FARs", short for Federal Aviation Regulations. However, another set of regulations (Title 48) is titled "Federal Acquisitions Regulations", and this has led to confu ...
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Sheridan, Wyoming
Sheridan is a town in the U.S. state of Wyoming and the county seat of Sheridan County. The town is located halfway between Yellowstone Park and Mount Rushmore by U.S. Route 14 and 16. It is the principal town of the Sheridan, Wyoming, Micropolitan Statistical Area which encompasses all of Sheridan County. The 2010 census put the town's population at 17,444 and the Sheridan, Wyoming, Micropolitan Statistical Area at 29,116, making it the 421st-most populous micropolitan area in the United States. History The city was named after General Philip Sheridan, Union cavalry leader in the American Civil War. Several battles between US Cavalry and the Sioux, Cheyenne, Arapaho, Shoshone, and Crow Indian tribes occurred in the area in the 1860s and 1870s before the town was built. In 1878, trapper George Mandel built a cabin on Big Goose Creek, reconstructed today in the Whitney Commons park near the Sheridan County Fulmer Public Library. Jack Dow surveyed the townsite for Sheridan in ...
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