Aviation Law Questions Over Chapter Nine SP18 9.doc

The court interpreted this condition to make a

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The court interpreted this condition to make a difference between the officials' planning or policy-making activities and their operational decisions. 6. What difference does it make whether a government employee’s activities alleged to have contributed to cause an aircraft accident were a discretionary function or not? This Act applies only to "government employees" and includes "federal agents" as a formal qualification. The FTCA debt does not extend to the actions of independent government pharmaceuticals. 7. A midair collision occurs within the Class D airspace of a local airport that has a control tower operated by the FAA. Visibility at the time of the accident was three miles, and both aircraft had radioed the tower a minute or two before the collision, reporting similar positions. Each obtained landing instructions and the tower warned the second aircraft that another aircraft had reported inbound from the same area. The aircraft were not yet visible to the tower controllers when the collision occurred. One of the distraught tower controllers later lamented to the news media: “I told Washington months ago that we needed radar at this tower and that if we didn’t get it pretty soon, there was probably going to be a midair collision. If only we’d had radar, we could have kept those planes apart.” Can the survivors of the people who died in the collision reasonably hope to successfully sue the federal government for the FAA’s negligence in not installing air traffic radar at this airport? Explain. If the negligence of air traffic controllers employed by the federal government causes or causes aircraft accidents, the federal government may be held liable under FTCA. 8. During night operations under Visual Meteorological Conditions (VMC) at a busy major airline hub having a control tower operated by the FAA, the local controller clears a regional airliner into position and hold preparatory to take off on runway 26R. The regional airline crew properly acknowledges the clearance and moves onto the runway, halting in position for takeoff. Distracted, the local controller then forgets about the
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  • Fall '18
  • vandoren

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