GOVERNMENT LIABILITY FOR CERTIFICATION OF AIRCRAFT?

The article addresses the question of whether the government should be liable in damages for negligence in performance of the certification function. Close examination of the regulatory process involved in certification reveals that it is a form of regulating adjudication which Congress delegates to agency discretion. It is noted that no objectionable duty arises as a result of the certification of aircraft by the Federal Aviation Administration (FAA). The certification process is a discretionary function for which there can be no liability under the FTCA. Certification, even if unwarranted, is at most a misrepresentation as to the airworthiness of an aircraft and cannot provide a basis for suit under the Federal Tort Claims Act (FTCA). Three defenses with which the FAA has met plaintiffs are noted.

  • Availability:
  • Corporate Authors:

    Southern Methodist University

    School of Law
    Dallas, TX  USA  75222
  • Authors:
    • Harrison, J R
    • KOLCZYNSKI, P J
  • Publication Date: 1978

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00195749
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 31 1979 12:00AM