18

First of all, to clarify some numbering, HR 4635 (107th Congress) was not actually passed. The language was passed as part of HR 5005, becoming Public Law 107-296, and this provision now appears at 49 USC 44921. The exact text of this provision is: A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State ...


12

The Radiocommunications Agency (now OFCOM) issued some guidance about this in 2001. The specific offence is defined by s5 Wireless Telegraphy Act 1949: Any person who ... uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) of ...


11

"The purpose of the statute making the NTSB's reports of accidents inadmissible in actions arising out of such accidents is to exclude reports that express agency views as to the probable cause of the accident because that is a finding in the province of the jury or fact finder." Britton v. Dall. Airmotive, Inc., No. 1:07-cv-00547-EJL, 2011 U.S. Dist. ...


11

It depends. International aviation law is tricky. One effort to set some standards down was the Tokyo Convention, also known as the Convention on Offences and Certain Other Acts Committed On Board Aircraft. Here are some excerpts: ARTICLE 3 The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts ...


7

Whether a state has jurisdiction over a crime or not is determined exclusively by the laws of that state, including any treaties the state has signed. It is entirely possible for multiple countries to have jurisdiction over a crime; this is likely to be just such a situation. As a practical matter, if there is a murder on an airplane the plane will be ...


4

First, even if your competitor is operating outside the jurisdiction of your patents, you also have protection from the use and import of the infringing products, not just the manufacture and sale. For example, if you have a US patent, your patent would allow you to sue airlines using your product in the US (e.g., flying into, out of, and/or within the US), ...


3

Unequivocally yes. An Australian judgement asserted this by (happily) adopting the reasoning of the US courts: The matter also came up for discussion in the Communist Party case where Justice Dixon adopted the U.S. view that: ... it is within the necessary power of the Federal government to protect its own existence and the unhindered play of its ...


3

When deciding if an officer's use of force is reasonable for detaining someone, the standard is set out in Graham v. Connor. (c) The Fourth Amendment "reasonableness" inquiry is whether the officers' actions are "objectively reasonable" in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The "...


3

The relevant provisions are in Sections (2)(g) and 2(h) of the bill (which was not actually passed but resulted in a substantially identical law being passed): (g) Authority To Use Force.--Notwithstanding section 44903(d), the Under Secretary shall prescribe the standards and circumstances under which a Federal flight deck officer may use, while the ...


2

Yes The airline is entitled to recover what the passenger cost it - that’s how damages work. If it’s successful in its legal pursuit of the passenger it’s also entitled to legal costs (generally, legal costs are complicated). This can either be the actual amount or a genuine pre-estimate of that amount in the contract, called a liquidated damages amount. ...


2

If I were a federal prosecutor (which I'm emphatically not), I might try to charge you under 18 USC § 32 (a) (5): a) Whoever willfully— [...] (5) interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air ...


2

Might depend on where you are. I think it's illegal in North Korea. In the US, it is legally encouraged, by the Commercial Space Launch Act of 1984, especially the part that says "Congress declares that the general welfare of the United States requires that the Administration seek and encourage, to the maximum extent possible, the fullest commercial use of ...


2

Keep in mind that in a well developed international market, like an airline or airplane manufacturing company, there are not very many countries where the key multinational companies are headquartered and that most of the multinational companies need to be able to do business in the countries where most of the multinationals in the industry are headquartered....


2

First, the FAA and its antecedent the Civil Aeronautics Authority is grounded in the Commerce Clause, where the duty of the CAA is: §2 The encouragement and development of an air-transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service,and of the national ...


2

You need to read the book Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On Stuart Banner. The primary issue was not conflict between states and the Federal government but between private landowners and the Federal government. Under the common law of the time, a person who owns the soil also owns the space indefinitely upward, "...


1

It's not just that you must follow specific laws, it's more that you have to avoid hitting anything in the sky and store your propellant in a safe place. The law regarding rockets is listed here : https://www.law.cornell.edu/cfr/text/14/101.23 If your rocket is launched high enough that it could hit a plane, you need to contact the FAA and they will give ...


1

First place to start is one of many informational sites Google will show you, i.e. Laws & Regulations | National Association of Rocketry, to understand the federal and state laws you need to comply with in terms of the size of rocket, the power of the engines, propellant restrictions, launch sites and air space clearances. Obey the law or any number of ...


1

You might have to be creative to find legal avenue to explore. Some airports have limits on aircraft size, times of flight and noise. Concorde for example broke many laws in the US but won an exception when it flew. I suspect your chances of legal recourse are at best slim and likely vary from state to state. In the late 90s, in the UK, I owned an ...


1

ICAO claims that Switzerland claimed that Liechtenstein claimed that "this Convention will be applicable to the territory of the Principality as well as to that of the Swiss Confederation, as long as the Treaty of 29 March 1923 integrating the whole territory of Liechtenstein with the Swiss customs territory will remain in force". (Balzers Airport (LSXB) at ...


1

My question was in the sense. If I find a wrecked airplane, can I take ownership of it or part of it? Not directly, but you can get some reward for salvaging it and there is the possibility that the reward is keeping it. Wikipedia has a section on this in their Admiralty Law coverage as well as a separate article on the Law of salvage.


1

The person who owned them before they were wrecked. If you crash your car, does that mean you no longer own it? There are detailed international laws governing the rights of salvage of wrecks and there will almost certainly be insurance contracts involved that may change the owner but unless and until these kick in the owner is the owner.


1

Any or all of A, B, C & D as well as the country of registration of the plane and the country of which the perpetrator and victims were citizens or residents. In addition, there are sub-national jurisdictions (states, provinces etc.) that may be involved. Just because one jurisdiction has jurisdiction it doesn't mean that others don't also have ...


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