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TSA adopts alternative approach to enforcement against airlines and other regulated entities
Cozen O'Connor
  • USA
  • 09 October 2019

The Transportation Security Administration's (TSA's) new Action Plan Programme (APP), which recently went into effect, details an alternative framework for addressing security compliance issues. Rather than relying on traditional, penalty-focused civil enforcement action, the APP focuses on achieving a universally desired outcome – namely, increased aviation security. While the APP could prove beneficial to both the TSA and industry, it raises some areas of concern for airlines and other regulated parties.

OFAC issues Iran-Related Civil Aviation Industry Advisory
Cozen O'Connor
  • USA
  • 14 August 2019

The US Treasury Department's Office of Foreign Assets Control (OFAC) recently issued its Iran-Related Civil Aviation Industry Advisory. The advisory seeks to inform the civil aviation industry of potential exposure to US enforcement actions and economic sanctions for engaging in or supporting unauthorised exports to Iran or designated Iranian airlines. While no new restrictions have been announced, the advisory's publication could signal that the OFAC is taking a greater interest in the Iranian aviation sector.

No fun in the sun: Trump administration further restricts aviation traffic to Cuba
Cozen O'Connor
  • USA
  • 10 July 2019

The Department of Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce's Bureau of Industry and Security recently announced rules designed to further restrict travel to Cuba, including eliminating a sub-category of authorised travel to Cuba entitled 'people-to-people educational travel'. These changes significantly restrict non-commercial aviation traffic to Cuba going forward for all persons subject to the OFAC's jurisdiction.

Reflections on Boeing's exposure following 737 MAX crashes
Cozen O'Connor
  • USA
  • 08 May 2019

A software issue is suggested to have played a role in the two horrific crashes involving the new Boeing 737 MAX. With this in mind, what potential theories of civil liability could Boeing be subject to by passengers and airlines that have suffered significant losses as a result of what appears to be a design flaw in this software? Further, what theories allow for criminal liability?

DOT denies petitions to initiate consumer protection rulemakings
Cozen O'Connor
  • USA
  • 03 April 2019

The Department of Transportation (DOT) recently denied three petitions to initiate rulemakings on various consumer protection issues proposed by FlyersRights, a consumer advocacy group. The DOT's decision to refuse to propose new regulations is consistent with the Trump administration's efforts to reduce regulatory burdens on industry. Nonetheless, the DOT appeared to be sympathetic to consumer protection concerns raised by FlyersRights.

California federal court declares drones are aircraft
Cozen O'Connor
  • USA
  • 06 February 2019

A recent decision from the Central District of California in Philadelphia Indemnity Insurance Company v Hollycal Production, Inc is somewhat groundbreaking in its significance, primarily because it is the first to address in a precedential context the long-held assumption that drones are, in fact, aircraft.

It's a bird… it's a plane… it's OSHA?
Cozen O'Connor
  • USA
  • 09 January 2019

The Occupational Safety and Health Administration (OSHA) is modernising its enforcement tools with the use of camera-equipped drones. OSHA requires each of the agency's 10 regions to designate a staff member as an unmanned aircraft programme manager to oversee training requirements and evaluate reports submitted by drone teams. It further requires that drone crews follow Federal Aviation Administration requirements.

San Francisco federal judge dismisses class action claims as time barred and pre-empted by Airline Deregulation Act
Cozen O'Connor
  • USA
  • 19 December 2018

In an interesting decision that may have significant repercussions for air carriers, a San Francisco federal judge recently dismissed a putative class action brought against Air France based on a limitations provision set out in Air France's General Conditions of Carriage and the pre-emption provisions of the Airline Deregulation Act.

DOT convenes sexual misconduct working group for Aviation Consumer Protection Advisory Committee
Cozen O'Connor
  • USA
  • 05 December 2018

The US Department of Transportation recently announced the reconstitution of the Aviation Consumer Protection Advisory Committee (ACPAC), including a new subcommittee: the National In-Flight Sexual Misconduct Task Force. The first ACPAC meeting will be held in January 2019 to discuss best practices and protocols for air carriers relating to sexual assault handling, reporting and data collection on board commercial aircraft.

Consumer protection following introduction of Federal Aviation Administration Reauthorisation Act
Cozen O'Connor
  • USA
  • 21 November 2018

The new Federal Aviation Administration Reauthorisation Act, signed into law by President Trump, will affect aviation-related consumer protection. The Department of Transportation must revise its existing regulations to clarify the laws regarding compensation, establish minimum dimensions for passenger seats that are necessary for passenger safety, prioritise boarding for pregnant women and refine airlines' practice involving pushchairs, among other issues.

Disability-related passenger rights amended by Federal Aviation Administration Reauthorisation Act
Cozen O'Connor
  • USA
  • 14 November 2018

The new Federal Aviation Administration Reauthorisation Act, signed into law by President Trump, will affect airlines' obligations to accommodate passengers with disabilities. The Department of Transportation must, among other things, develop an airline passengers with disabilities bill of rights to explain the protections afforded to passengers with disabilities during air travel and conduct a review of service animal requirements.

Federal Aviation Administration Reauthorisation Act: new airline fees introduced
Cozen O'Connor
  • USA
  • 07 November 2018

President Trump recently signed into law the Federal Aviation Administration Reauthorisation Act, which will have wide-ranging implications on the aviation industry. The new law will introduce changes to airline ancillary fee refunds, the forbidding airlines from imposing ridiculous fees provision and passenger facility charges.

Cozen O'Connor

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