FAA Accuses British Airways of Recklessness

wrote:

Finally note that British Airways is not a US carrier and not even
required to
follow 14 CFR 121.

Untrue.
121.1
This part prescribes rules governing--
...
(f) Each person who is an applicant for an Air Carrier Certificate or
an Operating Certificate under part 119 of this chapter, when
conducting proving tests.

British Airways is no such applicant, nor is any other foreign flagged
carrier.

119.1(a) This part applies to each person operating or intending to
operate civil aircraft -
(1) As an air carrier or commercial operator, or both, in air
commerce;

It's nice to be able to quote selected portions of the CFR. It's more
important to have a clue what you are quoting. Before claiming that part
119 refers to foreign flagged airlines operating in the USA, you might be
interested in reading part 119. See 14 CFR 119.1 (d)

So if they want to operate as an air carrier in the U.S. then for the
portion of their flight in U.S. territory they are indeed subject to 14
CFR 121.

Absolutely False.

Sam Whitman :

wrote:

Finally note that British Airways is not a US carrier and not even
required to
follow 14 CFR 121.

Untrue.
121.1
This part prescribes rules governing--
...
(f) Each person who is an applicant for an Air Carrier Certificate or
an Operating Certificate under part 119 of this chapter, when
conducting proving tests.

British Airways is no such applicant, nor is any other foreign flagged
carrier.

119.1(a) This part applies to each person operating or intending to
operate civil aircraft -
(1) As an air carrier or commercial operator, or both, in air
commerce;

It's nice to be able to quote selected portions of the CFR. It's more
important to have a clue what you are quoting. Before claiming that part
119 refers to foreign flagged airlines operating in the USA, you might be
interested in reading part 119. See 14 CFR 119.1 (d)

So if they want to operate as an air carrier in the U.S. then for the
portion of their flight in U.S. territory they are indeed subject to 14
CFR 121.

Absolutely False.

No, it isn't. No more than say, A US aircraft operating into France would
be exempt from their air navigation orders which have higher Cat 3b
limitations than 121.

Bertie



Bertie

Bertie the Bunyip wrote:

Sam Whitman :

wrote:

Finally note that British Airways is not a US carrier and not even
required to
follow 14 CFR 121.

Untrue.
121.1
This part prescribes rules governing--
...
(f) Each person who is an applicant for an Air Carrier Certificate or
an Operating Certificate under part 119 of this chapter, when
conducting proving tests.

British Airways is no such applicant, nor is any other foreign flagged
carrier.

119.1(a) This part applies to each person operating or intending to
operate civil aircraft -
(1) As an air carrier or commercial operator, or both, in air
commerce;

It's nice to be able to quote selected portions of the CFR. It's more
important to have a clue what you are quoting. Before claiming that part
119 refers to foreign flagged airlines operating in the USA, you might be
interested in reading part 119. See 14 CFR 119.1 (d)

So if they want to operate as an air carrier in the U.S. then for the
portion of their flight in U.S. territory they are indeed subject to 14
CFR 121.

Absolutely False.

No, it isn't. No more than say, A US aircraft operating into France would
be exempt from their air navigation orders which have higher Cat 3b
limitations than 121.

Two distinctly separate situations which are not comparable. Part 121 applies
to US flagged airlines only. To put it another way, part 121 does not apply to
foreign flagged (non-USA) airlines. See 14 CFR 121.1

A US aircraft operating in France would be subject to all French regulations
which pertain to foreign flagged (non-French) airlines. However treaties in
ICAO countries limit the authority of all such regulations.

Sam Whitman :

Bertie the Bunyip wrote:

Sam Whitman
:

wrote:

Finally note that British Airways is not a US carrier and not
even
required to
follow 14 CFR 121.

Untrue.
121.1
This part prescribes rules governing--
...
(f) Each person who is an applicant for an Air Carrier Certificate
or an Operating Certificate under part 119 of this chapter, when
conducting proving tests.

British Airways is no such applicant, nor is any other foreign
flagged carrier.

119.1(a) This part applies to each person operating or intending
to operate civil aircraft -
(1) As an air carrier or commercial operator, or both, in air
commerce;

It's nice to be able to quote selected portions of the CFR. It's
more important to have a clue what you are quoting. Before
claiming that part 119 refers to foreign flagged airlines operating
in the USA, you might be interested in reading part 119. See 14
CFR 119.1 (d)

So if they want to operate as an air carrier in the U.S. then for
the portion of their flight in U.S. territory they are indeed
subject to 14 CFR 121.

Absolutely False.

No, it isn't. No more than say, A US aircraft operating into France
would be exempt from their air navigation orders which have higher
Cat 3b limitations than 121.

Two distinctly separate situations which are not comparable. Part 121
applies to US flagged airlines only. To put it another way, part 121
does not apply to foreign flagged (non-USA) airlines. See 14 CFR
121.1


OK, that's true enough.

A US aircraft operating in France would be subject to all French
regulations which pertain to foreign flagged (non-French) airlines.
However treaties in ICAO countries limit the authority of all such
regulations.


also so, but he's still not going to get nailed.BA can use 121 to show a
double standard is being used by the FAA if it were to go to court, which,
of course, it will not.


Bertie

Big U.S. airlines and other aviation companies are resisting some
or all of a proposal to broaden requirements for reporting
safety incidents to federal transportation investigators. The
National Transportation Safety Board proposed a regulation in
December 2004 to ensure that accident investigators are
notified promptly and fully when several types of incidents
occur. Engine failure tops the list of reporting changes sought
by the safety board. There are a handful of uncontained engine
failures per month that are reported to the board, the agency
said. The FAA puts the number of serious failures at one per
year involving airlines. But investigators want to tighten
accident reporting rules with commercial and business jet
operations growing at record pace. Airlines, aerospace
manufacturers, helicopter makers and leading pilot groups
object to some or all of the changes. The Air Transport
Association, the leading trade group for U.S. airlines, said
direct reporting of engine failures and anticollision alerts
"is neither necessary nor beneficial."
(Reuters 05:39 PM ET 03/29/2005)

Mo
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