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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XXII. Aviation Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. DEFINITION. Aviation law is the practice of law dealing with issues affecting aircraft and airport operations, aircraft ownership, aircraft navigation and maintenance, air traffic control safety, pilot licensing and certification requirements, spacecraft, and outer space.

B. SUBSTANTIAL INVOLVEMENT. To demonstrate substantial involvement and special competence in aviation law, Applicant must meet the following minimum requirements.

1. .

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 30% of Applicant's time practicing aviation law during each of the three years immediately preceding application.

b. Task Requirements. Applicant must show that he or she has engaged directly and substantially in a broad practice of aviation law within the three years immediately preceding application. Applicant must provide information as required by TBLS concerning specific tasks Applicant has performed in aviation law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by Applicant.

(1) Applicant must show specific and substantial involvement in at least two of the following areas within the three years immediately preceding application:

(a) representing parties in transactions that are governed by, or otherwise directly affected by, aviation law, such as aircraft purchase or sale agreements, aircraft lease agreements, and other similar agreements;

(b) providing legal counsel with respect to various tax or regulatory matters that are governed by, or otherwise directly affected by, aviation law, such as:

i. structuring ownership or use of airports or aircraft in compliance with applicable federal aviation regulations;

ii. international, federal, state, or local taxes that might be assessed due to such transactions, ownership, or use;

iii. international treaties that might be involved in such matters;

iv. best practices for all aspects of airport or aircraft transactions, ownership, or use; and

v. Unmanned Aircraft Systems (UAS) or the commercial space industry;

(c) serving as legal counsel in civil aviation authority regulatory enforcement matters-such as pre-trial, trial, appellate, mediation, or administrative proceedings that involve disputes-or other legal regulatory actions concerning aviation law;

(d) providing legal counsel with respect to aviation-related insurance claims and conditions of coverage and insurance law applicable to the litigation of aviation-related claims and defenses;

(e) trying at least ten civil trials in a state or federal court of record in the United States that meet the following additional requirements:

i. at least five must involve an aviation law dispute with an amount in controversy exceeding $25,000 or significant nonmonetary claims;

ii. at least five must be jury trials that were conducted in a Texas or federal court of record by Applicant as lead counsel and submitted to the jury; and

iii. in at least three jury trials, Applicant must have played a significant role in conducting jury selection.

(2) Applicant must show by detailed response that Applicant has engaged at a primary level of responsibility for a client or employer in, or has had active management and oversight of one or more attorneys directly involved in, each of the Section B, 1, b, (1), (a)-(d) areas Applicant submitted to satisfy the task requirements.

(3) Applicant may substitute the following types of proceedings for two of the five aviation law civil trials required by Section B, 1, b, (1), (e), i:

(a) no more than one arbitration involving an aviation law dispute conducted to a final decision by Applicant as lead counsel in which:

i. formal rules of evidence and procedure governed; and

ii. the amount in controversy exceeded $25,000 or the arbitration involved significant nonmonetary claims;

(b) no more than one contested administrative proceeding involving an aviation law dispute conducted by Applicant as lead counsel before the National Transportation Safety Board (“NTSB”) in which:

i. Applicant conducted direct and cross-examination of witnesses at a hearing on the merits;

ii. the NTSB issued a final order ; and

iii. the proceeding arose from an action seeking the suspension or revocation of a license or certificate issued by the Federal Aviation Administration or the imposition of a civil penalty against a non-certified person;

(c) no more than one temporary or preliminary injunction hearing involving an aviation law dispute conducted to a decision on the injunction request by Applicant as lead counsel in which:

i. Applicant presented an opening and closing statement and conducted direct and cross-examination of witnesses; and

ii. the amount in controversy exceeded $25,000 or the hearing involved significant nonmonetary claims.

(4) For any trials or Section B, 1, b, (3) proceedings submitted to satisfy the task requirements, Applicant must have devoted a total of at least 20 separate days in trial or in the Section B, 1, b, (3) proceedings, of which at least 10 days must have been devoted to jury trials.

2. Applicant must have devoted a minimum of 30% of Applicant's time practicing aviation law during each year of the five-year period of certification unless Applicant meets the exception in Part I-General Requirements, Section VI, C, 1, (b).

C. REFERENCE REQUIREMENTS. Applicant must submit a minimum of five names and addresses of persons to be contacted as references to attest to Applicant's competence in aviation law. These persons must be substantially involved in aviation law and be familiar with Applicant's aviation law practice.

1. Applicant must submit names of persons with whom Applicant has had dealings involving aviation law matters within the three years immediately preceding application.

2. Applicant must submit names of persons with whom he or she has had dealings involving aviation law matters since certification or the most recent recertification.

3. If Applicant submits trials under Section B, 1, b, (1), (e) to satisfy the task requirements, four of the references must be Texas attorneys and one of the references must be a judge of any Texas or federal court of record. If Applicant does not submit trials under Section B, 1, b, (1), (e) to satisfy the task requirements, the five references must be Texas attorneys.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XXII. Aviation Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-xxii/

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