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Why it Took us 3 days to Fly to Oshkosh

Only a few days have passed since we returned from the "World’s Greatest Aviation Celebration" at EAA’s AirVenture and I am already having withdrawals! There is nothing quite like sleeping under the wing of an airplane that you flew in and waking up to the sound of aircraft engines whirling to life. As anyone who has been to AirVenture in Oshkosh, Wisconsin knows, the week is completely unforgettable and there is no shortage of things to see and do.

This is the 4th year my husband and I have flown in, and the 2nd time that we’ve flown my father-in-law’s 1931 Waco ASO. This "Straightwing" biplane was restored in the 70’s and has an open cockpit. It is a wonderful aircraft, but definitely not ideal for cross-country flying. It’s extremely windy, and even in the middle of summer the air gets freezing once you’re at altitude. We knew we were in for a long trip before we left, but the series of events that followed were nothing short of unexpected.

Our plan was to leave Saturday morning, have a leisurely trip up, and arrive that evening to set up camp. However, the reality of our trip to Oshkosh was very different. When we got up Saturday morning, it was pouring rain and ceilings were at 800’. We had to wait for that to clear out, so we weren’t able to depart until around 3pm. We had a 20 knot headwind, and ForeFlight indicated our speed across the ground varied between 60-70 mph. We were slow, and the thunderstorms from earlier had broken up but there were still showers we had to avoid.

We made a quick fuel stop in Harvard, Illinois at a gorgeous grass strip called Dacey Airport. After this we were finally in the homestretch to Ripon.

An important side-note: for those who haven’t read the Oshkosh NOTAM, the gist of the arrival procedure is to approach the town of Ripon, southwest of Oshkosh, and visually separate yourself from incoming traffic. Once you have a half mile separation from the plane in front of you, everyone is instructed to fly at 90 knots and 1800 ft in single file to the next town of Fisk. Once directly over Fisk, the Air Traffic Controllers ask you to "rock your wings" for identification purposes and then they assign you a runway and you are passed to another controller who clears you to land. There are often 4 or 5 aircraft on final at any given moment, so accuracy landings "on the dot" and turning off the runway as soon as able are important. The NOTAM states that no talking on the radio is allowed, so usually this approach is actually easier than landing at some other airports.

With the NOTAM in hand and mostly memorized, we approached Ripon with high hopes for a smooth arrival and landing. After all, the 3 other times we have flown in there were never any issues. However, when we were less than 5 miles from Ripon we heard this on the radio: "Attention all traffic – the Oshkosh field is now closed to incoming traffic for the Bonanza mass arrival. Begin holding. This will be a LONG delay so divert to an alternate if you have low fuel." Partly because we didn’t expect a long delay, and partly because the fuel at Dacey was so expensive, we didn’t fill the tank up. We were far from a fuel emergency, but didn’t have enough to hold for a "LONG delay." We immediately turned to our alternate, Fon du Lac. As we got near and contacted the temporary control tower, we were out of luck again. Fon du Lac was where the Bonanza mass arrival was departing from, and were again told to divert due to "150 Bonanzas on the runway" (Certainly something you would only hear at AirVenture.)

We began looking for a third alternate, and located untowered Dodge County airport 23 nm away. The annoying thing about this section of our trip was that dozens of other aircraft were forced to do the same thing, and we were all inbound to Dodge County at the same time. One such aircraft had a stuck mic, so he was continually transmitting over everyone else trying to coordinate within the pattern. Eventually we all were able to communicate and land, and I must give props to the staff at Dodge County for the "refueling assembly line" they had created to deal with the sudden influx of frustrated aircraft.

The whole FBO was full of pilots who had to divert. Several were on their phones calling every hotel in town only to find out they didn’t have any rooms available. We asked around for a bit about lodging but it appeared our only option in Dodge County was to set up our tent and camp out. With less than an hour left of daylight, we decided to try going back to Fon du Lac, where my father-in-law had found a hotel with open rooms.

We immediately took off, watching as others began pitching their tents on the airport below us. Thankfully Fon du Lac had cleared out the Bonanzas, and we were able to land there (behind a C-47!) and tie down for the night. We were generously given a ride to the hotel by a T-6 pilot who had the same misfortune as us while trying to enter Oshkosh. His wife had brought a camper up earlier in the week and she drove there to retrieve him. After some late-night pizza delivery, we were exhausted and got some rest before a second attempt to enter Oshkosh on Sunday.

Sunday morning we were awoken to the sound of thunder and heavy rain. The weather had taken a turn for the worse overnight, and it was clearly going to be IFR for several hours. We spent most of the day in the terminal at Fon du Lac, watching The Open Championship on tv and monitoring weather. Finally around 3pm the skies began opening up. Immediately engines could be heard starting and it was "go time" for getting into Oshkosh. We took a few moments to refuel and ready the airplanes, and went on our merry way towards Ripon.

10 miles from Ripon we began monitoring the approach frequency. It already didn’t sound good. The controller urgently repeated the phrases "we are oversaturated! Everyone approaching Fisk turn LEFT and enter a hold! If you are not at Ripon, do not come to Ripon! Enter a hold and come back with a half-mile separation!" We figured this was just a big push of traffic, and it would pass through soon. We were very wrong.

This video was taken by someone else who was in the air the same time as we were. You can hear the hecticness and see the planes that are too close for comfort.

Our approach took several minutes, and the controller hadn’t mentioned a hold in a while so we figured it was safe to go over Ripon and enter the lineup over the railroad tracks to Fisk. However, as soon as we got closer we realized just how many aircraft were trying to do the exact same thing. Dozens of planes could be seen in any direction at different speeds and altitudes, going every which way and being way too close for comfort. It was very reminiscent of a WWI dogfight. We maneuvered around a few such planes but ended up with a Kitfox on top of us, a Navajo flanking us on the right, and a couple small Cessnas flanking our left. Clearly this wasn’t going to work and we would be turned away if we even tried to approach Ripon.

We broke away from that disastrous group and entered a hold around the rather large Green Lake. After a few circles mixed with other traffic, it became clear they were not allowing people to enter Oshkosh any time soon. The controller continued to instruct planes to "turn left and enter a hold," "restart the approach," or "stay away from Ripon." At one point he said "there are 300 of you between Ripon and Fisk, we cannot have that and we need better separation!" I’m not sure of the 300 figure was an exaggeration, but it certainly felt like it was accurate.

We stayed in a hold for a little over 2 hours before we decided to return to Fon du Lac and try again later. During this time several other aircraft began declaring low fuel emergencies and were granted permission to land. We monitored approach for several hours after we landed and it was the same story: people turned away right and left for airport oversaturation or improper compliance with the NOTAM.

We spent another night in Fon du Lac and got up at 5:30am Monday morning. Oshkosh officially opened for arrivals at 7:00am but we were not going to get there late and enter a hold. We departed Fon du Lac at 6:40 and went straight into Oshkosh. This was the arrival we were accustomed to. Peaceful, respectful, professional. We landed on the yellow dot and had an incredibly fun week. I hope that next year they seriously consider a way to handle the record-breaking traffic!

Timing Is Critical When Appealing An Emergency Order Of Revocation

A recent NTSB decision highlights the imperative of appealing an emergency order of revocation in a timely manner, and the continuing, near-insurmountable hurdle of trying to prove "good cause" if the appeal deadline is missed. In Administrator v. Muriuki the FAA issued an emergency order revoking the airman's medical certificate. Per 49 C.F.R. § 821.53(a) the airman had 10 days within which to appeal the order. The airman did not file his appeal until 4 days after it was due. However, it is possible for the Board to accept a late-filed appeal if the airman is able to show "good cause" for delay in filing. Unfortunately, the Board rejected the airman's "good cause" argument and rejected the late-filed appeal.

What is noteworthy about this case isn't the fact that the Board is strict about timing requirements for filing appeals. That isn't new. But what is important about this case is how the Board continues to reject legitimate "good cause" arguments asserted by airmen.

In this case, the FAA issued a notice of proposed certificate action ("Notice") in December 2017 with respect to the airman's medical certificate. The emergency order revoking the airman's medical certificate was not issued until April 13, 2018. During the time period from December 2017 through mid-April 2018 the airman was traveling away from his home but had made arrangements for someone to check his mail. However, the person who was supposed to be checking the airman's mail never checked the mail when the FAA issued the emergency order and so the airman was not aware that the order was issued.

Rather, on April 20, 2018 the airman went in to apply for a new medical certificate and was told by the aviation medical examiner ("AME") that he could not issue a medical and the airman should contact the FAA directly for more information. The airman called the the FAA on April 20, April 23, and April 24, and, finally, on April 25, 2018 someone from the FAA told the airman that the FAA had sent him something in the mail, although the individual apparently did not tell the airman exactly what had been sent.

So, the airman then contacted the person who was supposed to be checking his mail who then confirmed to the airman that the emergency order was sent to the airman. The airman retained an attorney that day and, after the attorney contacts the FAA attorney the following day to obtain a copy of the order, the attorney filed an appeal on behalf of the airman on April 27, 2018 - a mere 4 days after it was otherwise due.

In analyzing the case the Board observed that "good cause" is defined by two criteria: (1) factors outside of respondent's control prevented him from knowing or acting upon the emergency order, and (2) once he was aware, he acted diligently to initiate his appeal. Based upon the facts, the Board believed that the airman's arrangements for having his mail checked were inadequate because the airman did not explain how often his mail was being checked and admitted that during the week when the emergency order was issued the mail was not checked at all.

It was also unhappy with the fact that the airman followed the AME's instructions and attempted to contact the FAA to find out what was going on, rather than going back and checking his mail. According to the Board, the airman also could have contacted the FAA investigator handling the case and he should have done more to assure that the mail was checked and he was notified if/when something from the FAA was received. Thus, it concluded that it was not convinced circumstances beyond the airman’s control prevented him from knowing about the emergency order.

And even if that weren't the case, the Board went on to find that the airman's actions after the AME refused to issue him a medical did not show diligence. The Board faulted the airman for only trying to call the FAA and waiting 5 days before going back to have his mail checked. (Of course this ignores the fact that it took the airman 5 days to get an answer out of the FAA, and an incomplete answer at that).

At the end of the day, this case makes clear, yet again, that you can expect the Board to be almost completely unforgiving if you file an appeal late. Although you may request that the Board accept the late-appeal based upon "good cause", please realize that the burden of proving "good cause" is nearly insurmountable.

So, if you are the subject of an FAA investigation, make sure you check your mail every day. If you can't, have someone you trust check it for you. And if you receive something from the FAA, don't ignore it. Open it immediately. The time for you to defend and protect your rights may already be ticking. And if you do receive an order, emergency or otherwise, from the FAA, do not delay in taking action. It is much better to argue the merits of an FAA decision rather than whether you met the timing requirements for an appeal of the FAA's decision.

Retail Owners: BUY, SELL or HOLD?

As an inventorying-dealer, we are often asked by aircraft owners “Does it pay to make a move now?

The truth is, whenever you buy or sell an asset, there are unavoidable costs associated. Selling a home can be one of the best examples of an expensive transaction with often little monetary value gain. Moving costs, furniture damage, endless time spent cleaning/showing the home, agent commissions often eat up your anticipated fortune. 


An aircraft transaction however, has an overwhelming amount of justified reasons to invest. Whether for business or for personal use, aircraft as we all know are time machines which can also bring value to an owner’s employees, their families, the employee morale at a distant store or a face-to-face meeting with a vendor about an issue.  I would even argue the efficiencies a properly advised owner can create during a transaction can make for large gains in monetary value at times. No, I’m not suggesting you go buy a Falcon 10 and wait for the market to rise, however there ARE opportunities in this current active market, to make smart financial gains in your aviation transaction both for the short-term & long.


Whether it means you are a new private pilot moving up from your first 172 to a faster Cirrus, or whether you are a large corporation looking to sell your Citation XL and get into a large-cabin Falcon, I believe this is a good time to move! With pre-owned aircraft inventories shrinking daily & firming prices, we are already at pre-2008 inventory levels again and first-time buyers are entering the market which we haven’t seen in a decade. Only a couple years ago, we would commonly advise clients the selling would be the tough part, but the buying is easy. Now that is almost opposite in some late-model jet markets where buyers are waiting patiently for months at asking price while the seller tries to locate their new aircraft.


What should you do? Get the advice of a trusted and seasoned professional. If you aren’t already working with a broker or dealer, I recommend starting your search for one at National Aircraft Resale Association From there you’ll have the freedom to rely on your broker’s market intel, along with your good business sense which likely allowed for you to buy an aircraft in the first place. Good hunting and God Bless.


Chris is the Vice President of Meisner Aircraft who has served companies both small and large for over 30 years.  They have built their reputation of providing good sound business advice for clients around the world.  Whether it was a customer purchasing their first single engine aircraft or the larger flight department who needed a company with the experience and expertise to handle a complicated transaction process.  Family owned and operated they have successfully been involved in over $900 million in aircraft sales.  

Does The “As-Is” Language In An Aircraft Purchase Agreement Make A Difference?

It isn’t uncommon in aircraft purchase agreements to see language stating the parties are agreeing that the aircraft is being purchased “as-is” or “as-is, where-is.” Oftentimes the agreement will go on to also say that the seller is not making, nor is the buyer relying upon, any representations or warranties regarding the condition of the aircraft. And it may also specifically state that the buyer is only relying upon its own investigation and evaluation of the aircraft. But what does this really mean?

Well, from the seller’s perspective, the seller wants to sell the aircraft without having to worry that the buyer will claim at a later time that the aircraft has a problem for which the seller is responsible. So, the seller does not want to represent that the aircraft is in any particular condition (e.g. airworthy). When the deal closes, the aircraft is sold to the seller in its existing condition without any promises by the seller about that condition.

Here is an example of how this works: If the first annual inspection of the aircraft after the sale reveals that the aircraft is not in compliance with an airworthiness directive (“AD”) that was applicable to the aircraft at the time of the sale, the buyer could claim that the aircraft was not airworthy at the time of the sale and demand that the seller pay the cost of complying with the AD. But if the purchase agreement has “as is” language, then the chances of the buyer being able to actually force the seller to pay are low.

Not only does this “as-is” language protect the seller, but it also protects other parties involved in the sale transaction such as seller’s aircraft broker. A recent case provides a nice explanation of the legal basis for this result.

Red River Aircraft Leasing, LLC v. Jetbrokers, Inc. involved the sale of a Socata TBM 700 where the aircraft owner/seller was represented by an aircraft broker. The buyer and seller entered into an aircraft purchase agreement that included not only “as-is, where-is” language, but it also provided that the buyer was accepting the aircraft solely based upon buyer’s own investigation of the aircraft.

During the buyer’s pre-purchase inspection of the aircraft, the buyer discovered certain damage to the aircraft. However, the buyer accepted delivery of the aircraft in spite of the damage based upon alleged representations by the broker that the damage was repairable. After closing the buyer learned that certain parts were not repairable. Rather than sue the aircraft seller, presumably because the buyer recognized the legal impact of the “as-is” language in the purchase agreement with the seller, the buyer instead sued the aircraft broker alleging that the broker negligently misrepresented the aircraft.

In order to succeed on a claim of negligent misrepresentation under Texas law (the law applicable to the transaction), the buyer was required to show (1) a representation made by the broker; (2) the representation conveyed false information to buyer; (3) the broker did not exercise reasonable care or competence in obtaining or communicating the information; and (4) the buyer suffers pecuniary loss by justifiably relying on the representation.

In response to the buyer’s claim, the broker argued that the “as-is” language in the purchase agreement waived the buyer’s right to be able to prove that it justifiably relied upon any alleged representations by the broker. The buyer primarily argued that the purchase agreement language did not apply because the broker was not a party to the agreement. But the Court disagreed with the buyer.

The Court found that

the purchase agreement contains clear language evincing Red River's intent to be bound by a pledge to rely solely on its own investigation. And, because it appears that the parties transacted at arm's length and were of relatively equal bargaining power and sophistication, the court concludes that the language in the purchase agreement conclusively negates the reliance element of Red River's negligent misrepresentation claim.

So, even though the broker was not a party to the purchase agreement, the Court still held that the buyer was bound by the statements/obligations to which the buyer agreed in the purchase agreement, even with respect to third-parties. As a result, the Court granted the broker’s summary judgment motion and dismissed the buyer’s claims against it.

Conclusion

“As-is” language will continue to be common in aircraft purchase agreements. Aircraft sellers and those working with them will certainly want to include and enjoy the benefit from this language. Conversely, aircraft buyers need to be aware of the scope and impact of “as-is” disclaimer language in an aircraft purchase agreement. If a buyer is unhappy with the condition of the purchased aircraft, the presence of this language in the purchase agreement will significantly limit the buyer’s remedies and recourse.

59th Annual National Waco Club Reunion

Last weekend my husband and I had the opportunity to fly my father-in-law’s 1931 Waco ASO into Mount Vernon, Ohio for the National Waco Club’s 59th annual reunion. Despite some dreadful weather in the area, 13 incredible Wacos were able to fly in to Wynkoop Airfield for at least part the four-day long event. This was my second year attending and it was just as thrilling as my first!

Part 1: The Pilgrimage

Getting ourselves to the fly-in turned out to be more difficult than anticipated. We were planning to head out after work Friday, but the ceilings were too low so we had to wait until Saturday. Ideally the clouds would have moved overnight so we could have an early start but we woke to an 800 foot ceiling. This was one of those incredibly annoying times for VFR pilots when our airport seemed to be the only one reporting IFR in our area. A few miles in any direction, and it was clear, open skies. We are officially blaming the large lake we live beside but sometimes I think things like this happen so we pilots stay humble.

After waiting several hours and listening to the AWOS practically on repeat, it was finally reporting broken ceilings and VFR so we made a break for it. This was around 2pm but that didn’t stop us. Even if we would only be there for the tail end of the festivities we were determined to make it. You don’t miss out on an opportunity like this. It’s practically unethical.

The last hurdle between us and a fun weekend of biplanes was the outside air temperature. Following several excruciatingly warm days we had a cold front blow through just in time for our flight. The temperature on the ground was 63 degrees Fahrenheit. Not terrible but cold for a day in late June. However, we must remember that atmosphere thing where temperature decreases by (approximately) 3.5 degrees F per 1,000 feet of altitude. By the time we got to cruising around 3,000 feet it was 10 degrees colder. Coupled with the inherent windiness of an open cockpit airplane, it was COLD. Thankfully this realization came to us before we left the house, and we both had on our sweaters, scarves, and mittens. In June!

The flight itself was relatively uneventful, and we each spent an hour at the controls. We don’t have modern luxuries of autopilot (or really even a solid elevator trim) so it can be tiring to fly after a while. Dan still says he married me because he needed an autopilot for long trips in the Waco. Har har. Thankfully, we had a tailwind that gave us a ground speed of 120 knots, almost 30 knots faster than our regular cruising speed. We were booking it!

Part 2: The Festivities

The atmosphere provided by the airfield itself is one of the best things about this fly-in. Wynkoop Field is well-maintained grass strip with two runways oriented in a V-shape. There is no fence or control tower, but there are runway lights and a few hangars. Grass strips always make me feel nostalgic for a period of aviation history that I never experienced firsthand: the barnstorming days. How fitting that these 1930s and 1940s aircraft have their reunion at such a place.

I overheard the owner of another Waco put it into words I will now attempt to paraphrase: "If you find another grass airport where you can park your car and walk right up to so many historic aircraft, please give me a call. I have not found anything else like it in my life." It’s so true!

Despite our late arrival, there were still official (and unofficial) Reunion activities to partake in. My husband loves giving rides, so he was back in the air with a passenger before I even realized it. Evidently the weather had been bad for most of the day, but the sun came out right as we landed. Other Waco pilots began starting their engines to take advantage of the last few hours of daylight. It’s always fun to see them taking off one after another. My father-in-law graciously invited me to fly with him in his Cabin Waco, so soon we were airborne as well.

I can only imagine what the townsfolk in Mount Vernon think of this whole ordeal. Suddenly for a few days every summer biplanes start flying around everywhere. I spoke with a few locals who said they aren’t always sure when the biplanes are coming, but they see them from town and know they’re finally there! A local photographer named Matt Plahtinsky visited during the day and took some breathtaking photos of some of the planes which can be found on his Facebook Page.

After my husband gave who knows how many rides, it was finally time for the banquet and auction. I’m a big foodie, and I have to give props to the catering company for an excellent dinner. Roast beef, chicken, green beans, mashed potatoes, mac and cheese.. my mouth is watering just thinking about it! Following that we had a live auction with some great items to raise money for future National Waco Club events. We had great fellowship with our Waco friends from years past, then drove to the hotel after it was too dark for any more flying.

Part 3: It’s Over Already?

Less than 24 hours after we left Indiana, we were loading up the Waco to head back. I couldn’t believe it. We waited all year for this event and it was over before we knew it. That’s the nature of these things, I suppose. We were just thrilled to have reunited with our Waco friends at Wynkoop for any amount of time. Unfortunately our tailwind heading over turned into a nasty headwind coming back, and it took over 3 hours enroute. Plenty of time to reminisce on our short weekend trip and discuss plans for next year.

Epilogue: Come Next Year!

This year was great, but next year is going to be the 60th Anniversary of the National Waco Club Reunion. It was announced at dinner that the goal is to have 60 Wacos fly in for that one. 60! That number seemed unreal to me but I was told that for the 50th Reunion they had 50 Wacos! Totally doable, then!

This event clearly had a big impact on me and I have since made it my mission to invite everyone to the Reunion next year. Check out the website for the National Waco Club for more information on next year’s event, and I certainly hope you can make it!

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