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Aviation Practice Overview

The Tipton Law Firm’s Aviation Practice Group offers a wide range of capabilities including domestic aviation regulation, administrative actions, aerospace and aviation policy, financial restructuring and aircraft finance advice.  In addition, The Tipton Law Firm attorneys have extensive experience in the representation of corporate and individual clients in the acquisition, sale, finance and leasing of aircraft of all types.  We have represented clients in a broad range of matters including: aircraft accidents, aircraft ownership, aircraft inspections, aviation insurance, aviation purchase disputes, aviation regulations, aviation repair disputes, aviation sales disputes, FAA enforcement actions, FAA Licensing, government investigations, insurance denial of claims, loss of use and "down time" claims, minimizing ownership liability, negotiating and enforcing contracts, and ownership and registration issues.

 

Pilot and Owner Enforcement Defense:

The Tipton Law Firm attorneys are experienced at assisting pilots in defending themselves against allegations brought against them by the FAA.  We are panel attorneys for the Aircraft Owners and Pilots Association (AOPA) Legal Services Plan.

 

We can assist pilots from the earliest moment that a potential violation is suspected with:

 

  • Proper completion and filing of an aviation safety reporting system form (the NASA form);
  • determining the amount of reporting and the time limits for such reporting to various agencies;
  • proper completion and filing of the NTSB accident report (if applicable);
  • negotiating remedial training with the local FSDO inspector;
  • appeals of emergency revocations;
  • responding to a letter of investigation;
  • answering a Notice of Proposed Certificate Action;
  • attending an informal conference;
  • obtaining the FAA's file;
  • settlement negotiations;
  • defending a Notice of Proposed Civil Penalty;
  •  appealing FAA orders to an NTSB administrative law judge;
  •  hearings before the administrative law judge;
  • appeals to the Full National Transportation Safety Board
  • appeals to the United States Circuit Courts of Appeal.

 

Buying an Aircraft, Document Preparation and Negotiation

There are no standard documents used in an aircraft transaction.  To an extent, every aircraft transaction is unique, and appropriate documentation needs to be prepared and negotiated to suit each client’s objectives.  The attorneys at The Tipton Law Firm can assist you in the in the following, and more:

 

  • Researching your choice of aircraft;
  • checking the title to your chosen aircraft;
  • negotiating the purchase contract;
  • tax planning to avoid or defer sales tax legally and to minimize income taxes;
  • protecting yourself from prior liens and other claims;
  • registering your new aircraft properly and legally;
  • negotiating the purchase price;
  • understanding the maze of rules concerning who may fly on the aircraft and what may and may not be paid for by the passengers;
  • negotiating leases and lease backs with associates, flight schools and charter operators.

Selling an Aircraft

The attorneys at the Tipton Law Firm can assist with the sale of your aircraft by:

 

  • Negotiating the sales contract;
  • assisting with the pre-purchase inspection, including assistance to avoid overpayment for the inspection;
  • tax planning to avoid or defer income and capital gains taxes legally;
  • closing your transaction quickly and cost effectively.

Leasing an Aircraft

Several of the attorneys at The Tipton Law Firm own their own aircraft and have leased them to flight schools and clubs.  The attorneys at the firm have extensive knowledge to assist you in:

 

  • Drafting the correct form of lease to suit your needs;
  • understanding the complexity of “wet” and “dry” leases;
  • setting up the proper structure to avoid falling under the standards set forth in Part 135;
  • setting up legal entities for the lessor and/or lessee to minimize exposure to liability.

Shared Ownership and Leasing Structures

Often, the most efficient use of an aircraft requires multiple operators; therefore, we help our clients reach their operational and financial objectives through a variety of joint ownership, fractional ownership, aircraft management, and other structures.

 

 

Financing Aircraft Transactions

Financing aircraft presents a range of unique issues, including the recordation and priority of mortgages and leases under U.S. laws, and assuring clear title on previously owned aircraft.  The Tipton Law Firm attorneys have extensive experience in secured financing transactions and can offer assistance in taxation-related matters, including advice on structuring to address state, local and federal tax questions.

 

Business Aircraft and Civil Aviation

The Tipton Law Form offers transactional and regulatory support to owners, operators, manufacturers and financiers of aircraft, including negotiation of aircraft acquisition, regulatory compliance, tax planning, regulatory and legal advice on aircraft sharing arrangements, such as time sharing, joint ownership, interchange and fractional ownership.

 

FAA Aeromedical Matters

Our legal and professional staff represents airmen in medical certification matters including denial, suspension and revocation of FAA issued airman medical certificates. Our professional consultants advise clients regarding the application process to obtain special issuance medical certificates when necessary.  Our attorneys have counseled pilots involved in alcohol and drug related issues concerning their qualification(s) to hold FAA airman medical certificate(s).

 

Our industry experts and attorneys are aware that the aviation industry is not limited to the standard workweek: 9:00 a.m. to 5:00 p.m., Monday through Friday.  Unlike other aviation law firms, a staff member is always available, ready, willing and able to discuss an aircraft accident, incident, certificate action, medical issue or other matter requiring immediate attention.  Call us any time of the day, 365 days a year at 303-220-8428.
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