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GlobalAir.com Challenges You to Step Up for the FBOs (#FBOchallenge)

With the COVID-19 pandemic continuing to take hold of the aviation industry, now is the time to support each other. Specifically, we need to support our Fixed Base Operators (FBOs) on the field. These FBOs are the backbone of the aviation industry.

From the time an aircraft arrives at an airport, the FBO is responsible for fueling and maintaining not only the aircraft but the pilot. Often pilots are provided complimentary treats and coffee from the FBO on the field.

Since the COVID-19 pandemic, many FBOs have had to cut down on their hours and staff at the airports. For those who do so much for our industry, we are challenging you to give back to them.

GlobalAir.com will be providing lunch for the employees and staff at Louisville Executive Aviation on Bowman Field (KLOU) as a thank you for all of their hard work during the pandemic. The staff continues to work to service aircraft coming into the airport as well as maintaining those within the hangars.

We are challenging you to do the same!  Say a big thank you to your local FBOs as they work tirelessly to keep the airport going during this time. Say thank you by tipping after a full-service fueling, providing lunch or baked goods for your local FBO, sending cards of appreciation, or posting a message of encouragement on their social media pages!

Times are uncertain for the aviation industry and the world, but spreading kindness and saying thank you to those who work hard in our industry is important!  Join #FBOchallenge and spread the word.

Should I Become a Pilot?

Well, the very short answer is yes. Yes 1,000 times.

Becoming a pilot is the most fun, insightful journey and deciding to extend that to making it a career makes that the journey of a lifetime (see what I did there ;) ).

But the harsh truth is not everyone is meant to be a pilot. Flight training isn't easy and can become very time consuming. Those who make it through have to be dedicated, motivated and self-disciplined. Even then, someone can have all the dedication it takes and just not have the skills needed to safely fly an aircraft. These skills are partly developed over time and partly come from the abilities you carry as a person. Let's talk about them:

1. Can you multi task?

Being a safe pilot means you have to be able to handle multiple things at once. Takeoff is a perfect example, especially on an IFR flight when you're single-pilot. Power settings are in, gear comes up, you're having to monitor all the engine instruments have good readings, ATC comes in with new instructions that you have to repeat back and then comply with, and throughout all this you're still having to fly the plane and be ready for any emergency. Imagine doing this in a jet...all that happens in about less than 20 seconds. 

Even as a VFR only pilot in a small fixed-gear plane it's still busy. During the takeoff you're ready to abort it or do an emergency landing at any time, respond back to ATC and comply, then don't forget after takeoff checklists. This sounds simple but in the air it can be a lot to handle. I find students struggle the most with remembering their after takeoff checklist and on a cross country keeping up with their checkpoints as soon as we're off the ground. It's like as soon as you rotate, everything is forgotten and you get tunnel vision.

2. Can you work under pressure?

With everything I just described on multi tasking, this doesn't come without a drop of sweat or two. As you're keeping up with all of your tasks you can feel the pressure sitting on your shoulders to get everything done and keep flying the plane safely. During flight training, you'll feel the pressure of your instructor sitting next to you watching everything you do and being ready to point out the first mistake you make (it's literally our job, that's how you learn!). You can have an instructor who points them out nicely, or not so nice one.....but at some point you have to learn to be able to do it all yourself. The same pressure is there when you carry passengers. They may not know as much of what's going on as your instructor did, but sometimes you can still feel them watching and listening to everything you do. They don't know how to fly, so they're relying on you to get them somewhere safely!

Now imagine if an emergency occurs, the pressure is REALLY on there. This isn't being said to scare you, but a good pilot always expects the unexpected and handles it without panic. They go through their checklists with ease, keep everyone onboard calm and then neutralize the situation as much as possible in order to land safely. Remember that story about Captain Tammie Jo Shults who lost an engine on a Southwest flight? Here is the article link of her story and an attached audio link. Listen to how calm her voice is. If she didn't say there was an emergency, you would've never guessed what had been going on. 

3. Are you motivated and self-disciplined? 

This one is most important when it comes to flight training. I see time and time again students who come in and say "I want to be a pilot" and then 6 months later they have like 2 flight lessons under their belt. Let's be honest, flight lessons aren't cheap. If you're going to pay out of pocket try and save up a lot first and apply for as many scholarships as possible, this way you don't have to slow down training and only be able to pay for one lesson at a time. Second is when you have the finances available, schedule flight lessons for at least several times a week and show up to each one prepared! It will do you no good to rarely fly (like once a month for example) and to never study. Don't show up to each lesson and depend on your instructor to teach you everything. Teach yourself as much as you can at home and let them fill in the gaps. This helps you progress much faster and also save money if finances are tight. 

Being able to multi task, work under pressure, be motivated and be self-disciplined are some of the most important factors that create a good pilot. Of course there's a few others that could fall into desired aspects, but without these you'll never "lift off the ground."

Think you meet these though and want to become a pilot? Go for it and don't let anything stop you. If you need some help paying for lessons go to Globalair.com/scholarships/ and apply for ours! Applications accepted until August 15th this year. 

Have anymore questions about if being a pilot is right for you? Maybe some tips to add? Comment below! 

When Is An Arbitration Clause In An Aircraft Purchase Agreement Enforceable?

As with many legal questions, the lawyerly answer is "it depends."  However, generally speaking, yes, arbitration clauses in aircraft purchase agreements are enforceable.  Here's why.

Courts favor arbitration.  Whether a claim is subject to arbitration will depend on the contractual language in the purchase agreement.  A court will presume a claim is subject to arbitration if an aircraft purchase agreement has an arbitration clause and an interpretation of the clause covers the claim. But that presumption may be rebutted.

When Does This Issue Come Up?

If a party to an agreement containing an arbitration clause is sued in court by the other party, the party being sued may ask the court to force the other party to submit its claims to arbitration. The court must then determine (1) whether an agreement to arbitrate was entered into and (2) whether the dispute falls within the scope of the arbitration provision.

Did The Parties Agree To Arbitrate?

Typically, a court will find that the parties agreed to arbitrate if the aircraft purchase agreement contains an arbitration clause or provision.  However, this may not be the case if the arbitration provision itself was fraudulently induced, which will be addressed in more detail below.

What Issues Did The Parties Agree To Arbitrate?

Assuming the first factor has been satisfied, the court will look at the language of the parties' agreement to determine what issues they intended to arbitrate. The language must either specifically state the issues subject to arbitration, or it must be sufficiently broad to cover the claims alleged.  If the court determines that it is "reasonably debatable" whether a dispute is subject to arbitration, it will require that the dispute be arbitrated.

Examples Of Arbitration Language.

An arbitration clause in an aircraft purchase agreement that states

“any controversy or claim arising out of or relating to this agreement, or the alleged breach thereof”

will likely be considered broad enough to encompass most claims relating to the agreement.  In that instance, a general attack on the purchase agreement alleging that it is void because it was fraudulently induced or the result of mutual mistake would still be subject to arbitration.

Conversely, an arbitration clause stating that it covers

“any claim arising out of or relating to the physical condition of the aircraft”

will only include claims with respect to the condition of the aircraft but not issues of whether the parties actually agreed to arbitrate.  Without some evidence of the parties' intent to arbitrate them, claims of fraud in the inducement of the agreement to arbitrate, rather than claims of fraud with respect to the aircraft purchase agreement as a whole or the condition of the aircraft, would be decided by the court rather than an arbitrator.

To put it another way, the court will not consider claims of fraud in the inducement of the aircraft purchase agreement generally.  Those claims will have to be arbitrated.  Only where the claim of fraud in the inducement goes specifically to the arbitration provision itself will the claim be decided by the court rather than the arbitrator.

Conclusion

If you have an arbitration clause in your aircraft purchase agreement, you will need to carefully review the language and compare it to the claims at issue.  Broad language means all claims will likely have to be arbitrated, including claims that the agreement to arbitrate was fraudulently induced.  Anything less than that broad language and claims may or may not be subject to arbitration.

3 Ways to Counteract Your Fear of Stalls

We've all likely been there before. You're working on stalls with either an instructor as a student, testing out a new plane's stall characteristics, or maybe you are the instructor. You set up for it and work to initiate the buffet and look down to realize you have a death grip on the controls and are HIGHLY uncomfortable. 

Have no fear, you are definitely not the first nor will you be the last pilot to go through this. 

Critical AOA by AOPA
  1. The first step to counteract this fear is go up with someone you trust/is trustworthy. Go up with someone who feels comfortable with these like another instructor or a test pilot. In fact, I struggled with this during CFI training (the thought of letting another student do these) so I went up with my instructor who also flies aerobatics. He was able to show me how hard it can actually be to put a Cessna in a spin and taught me how to do a falling leaf stall which helped TONS. BoldMethod.com describes this stall in good detail of what that is and how to execute it. Like I said, go up with someone who can help with this and fly them MULTIPLE times. Ensure you get to a point where it is consistently JUST you at the controls without them having to do anything. 
    Gleim Fear of Stalls
  2. Stay relaxed and don't panic. As you're setting up for it look down and make sure you have a loose grip on the controls and ensure your breathing is controlled. If you start off in panic mode how can you overcome your fear? Know that you are in control the whole time, not the plane. 
  3. Something that helped me overcome my fear as well is watching the instruments. I kept my eyes 75% inside and 25% outside. The reason I did this is to ensure I was coordinated by watching the turn coordinator, wings level until there was a need to initiate a turn, and at a good pitch up (especially on a power-on stall) to bring on the buffet (by good pitch up this means something aggressive enough yet not overly aggressive). What makes most people nervous is looking outside and seeing the nose above the horizon (aka not straight and level), so keep your eyes moving from the instruments back to outside. 

The best tip overall though is the good old "practice makes perfect." So back to the first point, go practice them multiple times until you feel comfortable. Stalls are NOT a natural maneuver so it's normal to not like them. They can be dangerous if not executed correctly though so just ensure to always take safe measures before going up.

Have any tips to add? Comment below!

In the meantime, our scholarship window is back open for the 2020 year! Need some help paying for flight training? Check out https://www.globalair.com/scholarships/ and apply! 

Happy Landings,

-Addi

ADS-B Compliance: The Potential Consequences Of Violating Rule Airspace

As most aircraft operators know, or should know, aircraft must now be equipped with ADS-B Out in order to fly in most airspace within the U.S.  Although it is possible to take advantage of limited waivers or exceptions, generally speaking ADS-B Out is required for operations in "Rule Airspace."

In connection with this requirement, the FAA recently updated Order 2150.3C - FAA's Compliance and Enforcement Program to explain potential sanctions for aircraft operations that do not comply with the ADS-B Out mandate.  Specifically, Chapter 9 of the Order now identifies the FAA's sanction policy/guidance for ADS-B related violations.

It is important to understand that the FAA will be taking these violations seriously. For example, if the FAA believes an airman is transmitting inaccurate ADS-B Out or transponder information with the intent to deceive, or is operating an aircraft without an activated transponder or ADS-B Out transmission (except as provided in 14 C.F.R. §91.225(f)) for purposes of evading detection, it will revoke that airman's certificates.

The sanction for other violations are not as severe, but are nonetheless significant.  The FAA characterizes the severity of the violation based upon levels of 1, 2 or 3, with Severity Level 3 being the most serious. And depending upon whether the FAA views the violation as careless or reckless/intentional, the sanction range could vary from low to maximum.

The FAA evaluates violations based upon impact on safety.  "Technical Noncompliance" involves violations where serious injury, death, or severe damage could not realistically occur as a result of the violation conduct, even if theoretically possible. A violation with a "Potential Effect on Safety"  occurs in a situation where serious injury, death, or severe damage could realistically result, but under the facts and circumstances would not often occur. Finally, a violation falls into the "Likely Effect on Safety" category where serious injury, death, or severe damage may occur more often as a result of the violation conduct.

When the operator fails to comply with ADS-B Out performance or broadcast requirements due to technical noncompliance, the violation is considered Severity Level 1. If the failure to comply with ADS-B Out performance or broadcast requirements has a possible effect on safety then the violation is Severity Level 2. And, not surprisingly, when the failure to comply with ADS-B Out performance or broadcast requirements has a likely effect on safety then it is a Severity Level 3 violation.

The specific sanction will also depend upon the type of violator.  If the violation is by an individual certificate holder, the airman will likely be facing suspension of his or her certificates.  An individual acting as an airman or a business entity will face a monetary civil penalty. In the case of a business, the amount will vary depending upon the size and revenue of the entity.

So, depending upon the circumstances, an individual certificate holder could face a suspension of his or her certificates for 20 -60 days, 60 -120 days, 90 -150 days, or 150 -270 days, depending upon whether the violation is in the low, medium, high, or maximum range, respectively. Other individuals and businesses could face civil penalties ranging from $100 to $34,174 per violation, depending upon the nature of the violator and how the FAA categorizes the violation.

In the event of multiple violations arising from the same act or omission, the FAA may give special consideration if the violation was careless, as opposed to reckless/intentional violations which receive no special consideration.  For an individual certificate holder the suspension could be anywhere from 30 -90 days, 90 -150 days, or 120 -180 days, depending upon whether the violation is Severity Level 1, 2 or 3, respectively. And an individual acting as an airman could be assessed a civil penalty in the amount of $5,000 -$10,000, $7,500 -$15,000, or $10,000 -$20,000, again depending upon whether the violation is Severity Level 1, 2, or 3, respectively.

For other individuals, the civil penalty could range anywhere from $50,000 to $200,000.  And business violators could be assessed civil penalties ranging from $50,000 to $600,000 depending upon the nature and size of the business, as well as the Severity Level of the violation.

Conclusion

Order 2150.3C provides the FAA inspectors and attorneys with a checklist for determining sanction in any given case involving an ADS-B violation.  Unfortunately, when a case gets to the point where the FAA is determining sanction, the actual calculations and method for arriving at the final assessed civil penalty is usually withheld.

However, it is important to understand that the facts and circumstances involved in any given case have an impact on both how the sanction is calculated as well as the amount of the civil penalty assessed.  If you find yourself defending against an alleged violation of Rule Airspace, knowing this information can help you defend yourself and, hopefully, successfully resolve the matter.

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