There were two theories on the status of airspace for international air navigation. One argued for freedom of airspace much like the freedom of the seas, by which the countries underlying the airspace exercised no sovereignty in the airspace and flight was free. The other argued that the airspace above national territories was not free, but subject to the sovereignty of the underlying country.
A recent legal interpretation by the FAA’s Office of Chief Counsel (dated June 13, 2018) addresses the rule on operating an aircraft with any inoperative instruments or equipment, FAR 91.213. It gives us an opportunity to review this sometimes complex rule that has bedeviled many general aviation pilots and owners for years.
In order to obtain the “NASA form” waiver of a disciplinary certificate suspension or a fine, the matter must not have involved an “accident.” This exception has caused some confusion because NTSB’s definition of an accident is narrower than commonly understood.
The good news is that the FAA is currently operating under a new, so-called “Compliance Philosophy,” showing a kinder and gentler treatment of those charged with potential violations of the Federal Aviation Regulations and other aviation laws. However, the bad news is that FAA enforcement of the laws and regulations is still alive and well in many cases.