What Is the FAA
The Federal Aviation Administration (FAA) is the agency of the United States Department of Transportation responsible for regulating all aspects of civil aviation in the country. Established in 1958 under the Federal Aviation Act, the FAA oversees the safety of commercial and general aviation, certifies pilots and aircraft, and manages the nation's airspace.
The FAA's authority extends to the design, manufacture, and maintenance of aircraft; the training and certification of pilots, mechanics, and air traffic controllers; and the operation of airports and air navigation facilities. When an aviation accident occurs, the FAA's regulatory framework becomes central to determining what went wrong and who is responsible.
FAA's Role in Aviation Safety
The FAA fulfills its safety mission through several key functions that directly impact the aviation industry and, by extension, aviation accident claims. Understanding these functions helps explain why FAA records and regulations are so important in injury litigation.
Core FAA safety responsibilities include:
- Aircraft certification: The FAA certifies that all aircraft designs meet minimum safety standards before they can be manufactured and flown
- Pilot licensing: All pilots must obtain and maintain FAA-issued certificates with appropriate ratings for the aircraft they fly
- Maintenance oversight: The FAA sets maintenance standards and inspects repair stations and airlines to ensure compliance
- Air traffic control: The FAA operates the national air traffic control system that manages the safe flow of aircraft through U.S. airspace
- Airworthiness directives: When the FAA identifies safety defects, it issues mandatory directives requiring inspections, repairs, or modifications
FAA Regulations Relevant to Accident Claims
The Federal Aviation Regulations (FARs), codified in Title 14 of the Code of Federal Regulations, establish the rules governing nearly every aspect of aviation operations. When these regulations are violated and an accident results, the violation can serve as powerful evidence of negligence.
Key regulatory areas that frequently arise in aviation accident litigation include:
- Part 91: General operating and flight rules applicable to all aircraft operations
- Part 121: Operating requirements for commercial air carriers
- Part 135: Operating requirements for commuter and on-demand operations
- Part 43: Maintenance, preventive maintenance, rebuilding, and alteration standards
- Part 61: Certification requirements for pilots, flight instructors, and ground instructors
A violation of any applicable FAR can constitute negligence per se in many jurisdictions, meaning the violation itself is treated as evidence of negligence without requiring additional proof of carelessness.
How FAA Records Support Your Case
FAA records are an invaluable resource in aviation accident litigation. These records provide detailed documentation of an aircraft's history, a pilot's qualifications, and any prior safety concerns that may have contributed to an accident.
Important FAA records that our attorneys obtain and analyze in aviation accident cases include:
- Pilot records: Training history, certifications, medical certificates, and any prior enforcement actions
- Aircraft records: Registration, airworthiness certificates, maintenance logs, and inspection histories
- Airworthiness directives: Mandatory safety modifications and whether they were complied with
- Service difficulty reports: Reports of mechanical problems filed by operators and repair stations
- Enforcement actions: Prior FAA enforcement actions against the pilot, operator, or maintenance provider
Our attorneys at Roselli & McNelis understand how to obtain, interpret, and leverage these records to build the strongest possible case for aviation accident victims. Contact us for a free consultation.