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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.
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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);
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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
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appeals to the United States Circuit Courts of Appeal.
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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:
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Researching your choice of aircraft;
- checking
the title to your chosen aircraft;
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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;
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registering your new aircraft properly and legally;
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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.
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Selling an
Aircraft
The attorneys at
the Tipton Law Firm can assist with the sale of your aircraft
by:
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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.
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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.
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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.
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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. |
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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. |
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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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