Appendix — Cameron v. Civil Aeronautics Board

TEN le Ab AEA ONS Se aOR

HB a REN NTR il inal EMO Esashhan

LR LLL ALES ENED A EL LELEE SEDER ALLELE NSAI LEANED SAP SNL CPE eGR aS EE 5 Ded A OT ROT Ta CLES OSA GLO IIDE SAIL IOTAR

APPENDIX A

STATUTE

The Civil Aeronauties Act of June 23, 1938,

e. 601, 52 Stat. 980 (49 U.S. C., sees. 401, et seq.),

provides in part as follows:

Sec. 602.

(a) The Administrator of Civil Aeronau-

tics is empowered to issue airman certifi-

‘ates specifying the capacity in which the

holders thereof are authorized to serve as

airmen in connection with aircraft.

(b) Any person may file with the Ad-

ministrator of Civil Aeronautics an appli-

‘ation for an airman certificate. If the Ad-

ministrator of Civil Aeronautics finds, after

investigation, that such person possesses

proper qualifications for, and is physically

able to perform the duties pertaining to, the

position for which the airman certificate

is sought, he shall issue such certificate,

containing such terms, conditions, and limi-

tations as to duration thereof, periodic or

special examinations, tests of physical fit-

ness, and other matters as the Board may

determine to be necessary to assure safety

in air commerce. Any person whose ap-

plication for the issuance or renewal of an

airman certificate is denied may file with

the Administrator of Civil Aeronautics a

petition for reconsideration, and the Ad-

ministrator of Civil Aeronautics shall

thereupon assign such application for hear-

ing at a place convenient to the applicant’s

(19)

es VIR eet abe AIRE IRR RS KRG MAO PRES EAN OE

20

place of residence or employment: Pro-

vided, That the Board may, in its dis-

cretion, prohibit or restrict the issuance of

airman certificates to aliens, or may make

such issuance dependent on the terms of

reciprocal agreements entered into with

foreign governments.

(c) Each certificate shall be numbered

and recorded by the Administrator of Civil

Aeronautics; shall state the name and ad-

dress of, and contain a description of, the

person to whom the certificate is issued;

and shall be entitled with the designation

of the class covered thereby. Certificates

issued to all pilots serving in scheduled

air transportation shall be designated ‘‘air-

line transport pilot” of the proper class.

Sec. 609.

The Board may, from time to time, rein-

spect any aircraft, aircraft engine, pro-

peller, appliance, air navigation facility,

or air agency, may reexamine any airman,

and, after investigation, and upon notice

and hearing, may alter, amend, modify, or

suspend, in whole or in part, any type

certificate, production certificate, airworthi-

ness certificate, airman certificate, air car-

rier operating certificate, air navigation fa-

cility certificate, or air agency certificate if

the interest of the public so requires, or

may revoke, in whole or in part, any such

certificate for any cause which, at the time

of revocation, would justify the Adminis-

trator of Civil Aeronautics in refusing to

issue to the holder of such certificate a like

certificate. In cases of emergency, any such

certificate may be suspended, in whole or

in part, for a period not in excess of thirty

days, without regard to any requirement as

to notice and hearing. The Board shall

aa, 5 a ERR ALLA ELEN LES LLEL LL RLEELELE PELE ALON LELE LDL DALLES ae

21

immediately give notice of such suspension

to the holder of such certificate and shall

enter upon a hearing which shall be dis-

posed of as speedily as possible. During

the pendency of the proceeding the Board

may further suspend such certificate, in

whole or in part, for an additional period

not in excess of thirty days.

Sec. 610.

(a) It shall be unlawful—

* * *

* *

(2) For any person to serve in any

capacity as an airman in connection with

any civil aircraft used in air commerce

without an airman certificate authorizing

him to serve in such eapacity, or in vio-

lation of the terms of any such certificate.

Sec. 1006.

(a) Any order, affirmative or negative,

issued by the Board under this Act,

except any order in respect of any foreign

air carrier subject to the approval of the

President as provided in section 801 of

this Act, shall be subject to review by

the circuit courts of appeals of the United

States or the United States Court of

Appeals for the District of Columbia upon

petition, filed within sixty days after the

entry of such order, by any person disclos-

ing a substantial interest in such order.

After the expiration of said sixty days a

petition may be filed only by leave of court

upon a showing of reasonable grounds for

failure to file the petition theretofore.

(b) A petition under this section shall

be filed in the court for the circuit wherein

the petitioner resides or has his principal

place of business or in the United States

Court of Appeals for the District of Co-

lumbia.

22

(c) A eopy of the petition shall, upon

filing, be forthwith transmitted to the

Board by the clerk of the court; and the

Board shall thereupon certify and file in

the court a transcript of the record, if

any, upon which the order complained of

was entered.

(d) Upon transmittal of the petition to

the Board, the court shall have exclusive

jurisdiction to affirm, modify, or set aside

the order complained of, in whole or in

part, and if need be, to order further pro-

ceedings by the Board. Upon good cause

shown, interlocutory relief may be granted

by stay of the order. or by such mandatory

or other relief as may be appropriate:

Provided, That no interlocutory relief may

be granted except upon at least five days’

notice to the Board.

(e) The findings of facts by the Board,

if supported by substantial evidence, shall

be conclusive. No objection to an order

of the Board shall be considered by the

court unless such objection shall have

been urged before the Board or, if it was

not so urged, unless there were reasonable

grounds for failure to do so.

(f) The judgment and decree of the

court affirming, modifying, or setting aside

any such order of the Board shall be sub-

ject only to review by the Supreme Court

of the United States upon certification or

certiorari as provided in sections 239 and

240 of the Judicial Code.

Re et ts ee ee te nee Th eee eee Lane Oke ee Tie ae ene ae ein ae

APPENDIX B

REGULATIONS

1. The pertinent Air Traffic Rules of the Civil

Air Regulations of the Civil Aeronautics Board

provide as follows:

(14 C. F. R., 1941 Supp.)

Sec. 60.350. Minimum Safe Altitudes.

Exclusive of taking off from or landing

upon an airport or other landing area air-

craft shall not be flown below the following

minimum safe altitudes of flight:

Sec. 60.3500.

An altitude over the congested parts of

cities, towns, or settlements, sufficient to

permit at all times an emergency landing

outside of such areas in the event of com-

plete power failure, but in no case less than

1,000 feet above the ground.

Sec. 60.3502.

1,000 feet above the ground over any Fed-

eral penal institution or any open air as-

sembly of persons.

Sec. 60.3503.

500 feet above the ground or water else-

where than as_ specified in §§ 60.3500,

60.3501, and 60.3502, or within 500 feet

from any mountain, hill, or other obstruc-

tion to flight, except as may be specifically

approved by the Administrator: Provided,

however, That seaplanes and amphibians

(23)

Pw

may be flown below 500 feet, but not below

300 feet, if making a contact flight during

daylight hours over open water and where

an emergency landing may, at all times, be

made, without the aid of power, into the

wind and without danger of collision with

craft on the surface or other obstructions:

And provided further, That the restric-

tions of this paragraph shall not apply to

publie aircraft, previously authorized by

the appropriate governmental agency, to

make specific flights below such minimums

in the public interest.

* * F * * *

(14 C. F. R.:)

Src. 60.4. Flight Rules (contact).

In addition to general or special air traffic

rules which apply, the following rules shall

govern a contact flight in weather conditions

equal to or better than those deseribed in

§ 60.44, within the limits of a civil airway

or control zone of intersection, or elsewhere

in interstate or foreign air commerce.

Sec. 60.70. Prohibited Zones.

No person shall acrobatically fly an air-

craft—

Sec. 60.700.

(a) At any height whatsoever over a con-

gested area of any city, town, or settlement,

or over any open air assembly of persons,

or over any airport or landing area or

within 1,000 feet horizontally thereof, or

within any control zone unless the super-

vision of a Bureau inspector observing fight

tests and then only between 2,000 and 5,000

feet above the ground or water.

24

LANE TR TAIT ELON ERE PROSITE WER HELLY: OSES LAOREET NS es Te ounces nae

ated a i i i i eas arr

25

2. The pertinent Army Air Forces Flying Reg-

ulations in effect on January 20, 1943, provide

as follows:

A. A. F. REGULATION

No. 60-16

War DEPARTMENT,

Heapguarrers Army AIR FORCES,

Washington, September 9, 1942.

FLYING

Air Traffic Rules

(The following regulations will govern the

operation of Army Air Forces aircraft in the

continental United States.)

* * * * *

Section I. General Flight Rules

1. Reckless Operation—An air force pilot will

not operate aircraft in a reckless or careless

manner, or so as to endanger friendly aireraft in

the air, or friendly aircraft, persons or property

on the ground.

x * * * *

3. Air Traffic Control Procedures.—Air force

pilots will comply with air traffie control pro-

cedures established by competent authority.

* * * * *

10. Acrobatic Flight.—No pilot shall perform

acrobatics :

a. At any height whatsoever over a congested

area of any city, town, or settlement, or over

any open-air assembly of persons, or within the

area included within a radius of 10 miles of the

Ris, Soe: ab I

26

center of any airport, or within 10 miles of the

center line of any civil airway.

b. At any place other than unrestricted areas.

c. Unless the maneuvers can be completed and

the aircraft under complete control at or above

1,500 feet (altitude above the surrounding ter-

rain).

d. At any place, unless the visibility is at least

3 miles and the ceiling at least 3,000 feet, and

unless the pilot has first ascertained that there

is no danger of collision with other aircraft.

+ * * * +

Section II. Contact Flight Rules

- * * * *

16. Minimum Altitudes of Flight.

a. Except during take-off and landing, aireraft

will not be operated:

(1) below the following altitudes:

(a) 1,000 feet above any building, house, boat,

vehicle, or other obstructions to flight.

(b) At an altitude above the congested sec-

tions of cities, towns, or settlements to permit an

emergency landing outside of such sections in the

event of complete power failure.

(ec) 1,000 feet above any open air assembly of

persons.

(d) 500 feet above the ground elsewhere than

as specified above.

(2) Within 500 feet of any. obstruction to

flight.

b. Any maneuver may be conducted at such

altitude above the ground or water as is neces-

sary for its proper execution in places other

than specified above, when such maneuver is

wee

27

required to accomplish an ordered tactical flight,

engineering or training mission.

Nore.—Section 1.3 and 1.10a of the above regu-

lations were amended to read as follows by A. A.

F. Regulation No, 60-16, Amendment of March 6,

1944, now in effect:

3. Air Traffic Control Procedures —AAF

pilots will comply with air traffic control

procedures established by competent au-

thority, and Standard Airport Traffic Con-

trol Procedures as approved by Army,

Navy, and CAA, effective 1 January 1944.

* * + * .

10. Acrobatic Flight —No pilot will per-

form acrobaties:

a. At any height whatsoever over a con-

gested area of any city, town, or settlement,

or over any open-air assembly of persons.

b. Within the area included within the

radius of five miles of the center of any

airport, except when such airport is

within an established local flying area;

or within the limits of a civil airway except

within that portion lying adjacent to, but

outside of, a range approach channel.

Army Regulation No. 95-15, issued by General

Marshall, Chief of Staff, on May 3, 1944, provides

that ‘‘Civil Aeronautics Administration rules and

regulations will be complied with when applica-

ble’ (Section 17, ‘Flight Regulations’). The

other changes made by the recent amendment are

not important here. See Appendix C, p. 29, infra.

APPENDIX C

LETTER

Letter from Acting Air Judge Advocate con-

cerning parallel provisions of the Army Air

Forces Flying Regulations and the Civil Air

Regulations of the Civil Aeronautics Board:

Herapquarters, ARMY AIR FORCES,

Washington, 14 June 1944.

SoLicitoR GENERAL,

Department of Justice, Washington, D. C.

(Attention: Mr. David L. Kreeger.)

Dear Sir: The Department of Justice has re-

quested the comment of this office with respect to

certain parallel provisions of Army Air Forces

regulations and Civil Aeronautics Authority rules.

We are pleased to advise as follows:

In the opinion of this office there is no conflict

whatever between Army Air Forces flying regula-

tions and Civil Aeronautics Authority flight rules

generally or between sec. 60.700-1, CAA Rules,

and par. 10, AAF Reg. 60-16, 9 September 1942,

particularly. The language and purport of these

latter restrictions on acrobatics are practically

identical except that the AAF provisions cited are

the most stringent in that they flatly prohibit

acrobaties under any conditions within 10 miles

of an airport or airway.

So also par. 16, AAF Reg. 60-16, 9 September

1942, is the opposite number to sec. 60.390, CAA

(28)

Sal ee EE DB at eb li Nea Pea SEALE LOL RT AERP LIT POT MOR IAF EIA IE AMG IN, OY gry

—

29

Rules, and prohibits flights below 500 feet or

within 500 feet of any obstruction to flight except

when landing and taking off.

It is understood that your office has been fur-

nished with a copy of the AAF regulation re-

ferred to. While this regulation has been super-

seded under date 6 March 1944, the new AAF Reg.

60-16 contains no changes important to the within

remarks.

In order to stamp out dangerous flying practices

the Army Air Forees have been obliged to adopt a

policy of imposing severe punishment for wilful

and serious violations of flying regulations. In-

tentional buzzing within 50 feet of a control tower

would find no excuse either in the fact that the

flight was a test mission or in the fact that radio

contact with the tower relative to a normal ap-

proach was delayed. Such conduct frequently re-

sults in the general court martial of the flying

officer concerned. Upon conviction, a sentence of

substantial forfeiture of pay is imposed unless in

an extreme case dismissal from the service is

deemed appropriate.

Sincerely yours,

(Signed) Eart 8. Parrerson,

Earl 8. Patterson,

Colonel, J. A. G. D.,

Acting Air Judge Advocate.

U, S. GOVERNMENT PRINTING OFFICE; 1944

! orem x.

Brercn, SNS ads ME ar ante ee eae aU ES er ae)