Fort Lauderdale FAA Certification Lawyer

The Federal Aviation Administration (FAA) oversees certification and enforces regulations to promote safety across air carriers, aircraft manufacturers, maintenance providers, operators, and other aviation businesses.

Certain airports, airlines, and operators must complete required certification processes, depending on the nature of their operations.

Failure to comply may result in FAA enforcement action, depending on the nature of the issue and applicable regulations.

This is where Aero Law Center can provide valuable assistance. Our aviation regulatory compliance lawyer in Fort Lauderdale helps clients meet regulatory requirements and advises on certification requirements.

We guide businesses through FAA requirements that apply to their operations to assist with compliance. Final decisions regarding approvals, certifications, and enforcement are made by the FAA and other authorities. Contact us today for a complimentary initial consultation.

Aero Law Center services aviation businesses globally for all of your aviation business needs.

What Is the FAA?

The Federal Aviation Administration (FAA), part of the Department of Transportation (DOT), controls aviation industry matters, including air traffic management and the certification of personnel and aircraft. The FAA also sets regulations for airport conditions and protects U.S. assets during the launch of commercial space vehicles.

The FAA issues regulations and Airworthiness Directives (ADs) to promote safety, including required corrective action for unsafe conditions in products and appliances. This could include an aircraft’s engine, propeller, or appliance.

All operators must comply with applicable FAA regulations and, where incorporated into approved operating documents, applicable FAA guidance. Before applying for an FAA certification, consult an aviation lawyer in Fort Lauderdale to help assess compliance and prepare your application.

What Is FAA Certification?

The FAA uses its certification process to manage risk, promote safety, and protect the public. Aircraft must be registered and airworthy; pilots must be certificated and rated.

FAA certification reflects that applicable requirements have been satisfied at the time of issuance and remains subject to ongoing compliance and oversight. In other words, it evidences compliance at issuance; it is not a guarantee of future safety.

Types of FAA Certifications

There are three types of FAA certifications: type, production, and airworthiness.

Type certification is the FAA’s approval of an aircraft’s type design and its major components, such as its airframe, engine, and propeller, against applicable airworthiness, noise, and emissions standards.
Production certification is FAA approval to produce articles in conformity with an approved type design under an FAA‑approved quality system.
Airworthiness certification might include a Standard or Special class that publicly highlights that the aircraft meets its approved type design and the condition is safe for operation.

The result of meeting the above standards is the FAA’s official authorization: a Standard Airworthiness Certificate. No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate on board, displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Any questions about the certification process or applicable standards are areas our experienced FAA certification attorneys can assist with.

Whether it’s aircraft transactions, commercial litigation, or compliance, we excel at creating solutions to unique challenges.

What Is an Airworthiness Certification?

To fly legally, each civil aircraft must have either a Standard or Special Airworthiness Certificate on board. The airworthiness certificate must be displayed at the cabin or cockpit entrance so it is legible to passengers and crew and available for inspection.

If an aircraft is not in a condition for safe operation, it must be repaired and returned to service by an authorized person; the standard airworthiness certificate remains effective so long as the aircraft conforms to its approved type design and is in a condition for safe operation.

Standard Airworthiness Certification

A Standard Airworthiness Certificate serves as a confirmation that an aircraft meets its approved type design and is in condition for safe operation; authority to operate for compensation or hire depends on the operator’s regulatory certification, such as under Part 135.

This includes aircraft in the following categories:

Normal
Utility
Acrobatic
Commuter
Transport

Special Airworthiness Certificate

A Special Airworthiness Certificate limits the operations and use of an aircraft, such as for research and development, showing compliance with regulations, crew training, exhibition, and market survey purposes.

Operators must obtain a certification that aligns with the purpose and type of aviation business, as well as complies with specific provisions as outlined by the FAA. Aero Law Center can help you determine the best approach for your business, file the paperwork, and support clients through FAA processes.

These certifications apply to aircraft design, production, and condition, separate from operational, business, and personnel certifications issued under other FAA regulations.

Long-Reaching Consequences of FAA Certification Violations

Violating FAA regulations can negatively affect operations, finances, and reputation. The FAA can refer certain violations, such as violations of federal aviation statutes or hazardous materials transportation laws, to the Department of Justice for criminal prosecution.

FAA enforcement actions may include warning notices, letters of correction, and civil penalties. After a certificate suspension or revocation, insurers may cancel or refuse coverage after a regulatory finding, which can significantly impact operations.

Monetary exposure can be significant through fines and required corrective actions. Repeat or willful violations often bring harsher enforcement actions, higher penalties, and closer oversight, including audits and mandatory compliance programs that add cost and delay to future projects.

Our FAA Certification Attorneys in Fort Lauderdale Assist With Owner Trust Arrangements

An owner trust arrangement allows a non‑U.S. citizen or a multinational group to put an aircraft’s title in the name of a U.S. citizen trustee so the aircraft can be registered in the United States.

The trustee holds legal title, and the beneficiary benefits economically. The beneficiary can direct the trustee, but only within Federal Aviation Administration (FAA) limits.

Such arrangements can come into play in cross‑border ownership, fleet financing, and privacy. The FAA is concerned with actual control. The trustee must be a U.S. citizen. FAA policy limits the extent to which non-U.S. persons may hold power to direct or remove the trustee, based on total control and influence rather than a single bright-line percentage.

Beneficiary instructions cannot give day‑to‑day operational control that would defeat the citizenship and control rules. Owner trust arrangements address maintenance records, insurance endorsements, default and repossession rights, and sale procedures. Lenders often require consent rights and collateral assignments that fit within FAA guidance, as well.

Issues That Can Arise With Owner Trust Arrangements

Owner trust arrangements, like any other legal agreement, can have unexpected consequences and risks, especially in the absence of legal counsel. The following issues can arise:

Giving the beneficiary too much control
Using a non‑qualified trustee
Gaps in operational control documentation
Missing filings at closing

Our FAA certification attorneys in Fort Lauderdale help structure owner trusts designed to align with FAA policy and your business plan.

Statute of Limitations for Aviation-Related Legal Claims

Legal deadlines in aviation-related claims depend on the type of claim. Petitions for review must be filed in a United States court of appeals within 60 days under 49 U.S.C. § 46110.

For certificate and civil penalty matters, the National Transportation Safety Board (NTSB) generally allows 20 days for a standard appeal, with shorter deadlines for emergency cases, per 49 C.F.R. Part 821. Certain civil penalty proceedings must be initiated within two years under 49 U.S.C. § 46301(d)(7)(C).

For aviation accidents involving personal injury, a lawsuit generally must be filed within two years, under Florida Statutes § 95.11(5)(a). These deadlines apply to civil judicial proceedings and do not govern FAA enforcement actions or certification proceedings, which follow separate federal administrative timelines.

Why Hire a Fort Lauderdale FAA Certification Lawyer?

Legal counsel can be an asset in assisting with completing FAA certification, routine compliance, and addressing any regulatory issues.

For example, many clients rely on our legal counsel to help with Part 135 FAA certification, as an Air Carrier Certificate and Operations Specifications can be complex. Regulatory requirements for manuals, training programs, and management positions depend on the type of operation and certificate sought.

We advise on certification requirements across many pathways, such as Parts 91, 135, 145, and related approvals. Our services extend to the process, including helping prepare materials, coordinating with stakeholders, and supporting clients through FAA processes related to certification and regulatory requirements.

Get Help From Our Fort Lauderdale FAA Certification Attorneys Today!

Aero Law Center assists operators with regulatory compliance and supports communications with the FAA. Quality and speed-to-market are how we add value. Final decisions regarding approvals and enforcement are made by the FAA and other authorities.

We make tedious tasks less painful while maintaining a strategic and careful approach to aviation law. Aero Law Center has aviation assets and mergers & acquisitions transactions totaling over $1 billion.

Aero Law Center’s main office is located in Fort Lauderdale, Florida. Our attorneys are licensed in Florida, New York, and Michigan. For state-specific legal issues outside of those jurisdictions, we coordinate with trusted local counsel while continuing to provide federal aviation law guidance.

The sooner you contact our team, the sooner we can put our years of expertise to use and ease you through the process.

Frequently Asked Questions & Support

The Federal Aviation Administration, or the “FAA” is an arm of the Department of Transportation (DOT). It controls aviation business matters, including air traffic management and the certification of personnel and aircraft. The FAA sets the standard for airport conditions and protects U.S. assets during the launch of commercial space vehicles. The FAA issues directives and legal regulations to ensure the safety of all airplanes, including mandated correction for any unsafe conditions in an aircraft. This could include an aircraft’s plane, engine, propeller, or appliance. All operators must conduct business compliantly and follow the FAA’s guidance and provisions, and any certifications must be present in the aircraft.

An FBO stands for Fixed Base Operator (FBO). FBOs operate like private terminals and facilitate private jet and charter operations. Commercial companies are given access by an airport to work on the grounds and provide flight services, fuel, parking, and hangar space. FBOs offer three tiers that provide different accommodations depending on the amount of traffic and size of the airport, including pilot lounges, restrooms and shower facilities, catering, aerial photography, parking, pilot instruction, private jet charter, and much more. Smaller and less busy airports might only offer basic amenities, while more significant, commercial airports have a full suite of extras, like waiting rooms, in-flight catering, and other conveniences.

According to the FAA’s strict aviation provisions and regulations, every aircraft must be deemed “airworthy” to fly. A Standard Airworthiness Certification is the Federal Aviation Administration’s (FAA) official authorization regarding the operation of type-certificated aircraft, including normal, utility, acrobatic, commuter, transport, manned free balloons, and special classes. All operators must have a Standard or Special Airworthiness Certification to prove the safety and condition of the aircraft. It must be publicly visible to all crew members, inspection companies, and passengers in the cockpit or cabin. Certification delays can cost pilots thousands, sometimes millions of dollars, though an aviation lawyer can provide helpful counsel to avoid mistakes and complete the process.

Sometimes mechanics are the only thing standing between the aircraft and a potential problem if an issue is overlooked or not properly taken care of. Maintenance facilities aren’t always at fault. However, suppose a plane crashes, and people are injured or killed. In that case, repair shops are often part of the legal investigation to uncover any mistakes, errors, or other issues that might have caused an accident. Malfunctioning equipment is one cause of crashes, electrical wiring issues, fitting of wrong parts, mistakes, leftover loose objects, incorrect installation of fuel or oil caps, and other similar mistakes are often looked at in a plane accident case.

A fractional jet ownership arrangement affords one or more operators to share in jet ownership through shares or equity in the aircraft. With this arrangement, operators can use the plane for a certain number of hours each year, as outlined in the contract. An interest in an aircraft defines a fractional ownership agreement; shares are sold to multiple owners based on 800 occupied hours and sold in fractions. The cost is divided among the total number of co-operators, and each person is responsible for their operational share. In such an arrangement, flying time typically ranges between 50 and 400 hours, and most jet shares will become multiple of one-sixteenth.

Hangar rash results from an airplane accident or damage to an airplane while being towed in the hangar, moved, or elements inside the hangar that cause physical harm, including falling parts, debris, and weather. Hangar keepers are responsible for any liabilities and unexpected damages to a client’s aircraft. The damage to an airplane can cost thousands to millions of dollars, which also impacts a plane’s overall resale value. Operators often utilize our services when their aircraft has been damaged in hangar storage, a hangar keeper is involved in a lawsuit due to plane damage, or owners need to protect their business from false allegations and lawsuits.

Depending on how much you fly or if you have considered turning your aviation passion into a business, there are various ways to get started outside of an aircraft purchase. Consider purpose, expenses and costs, usage, and other similar factors. Aero Law Center helps operators purchase an aircraft, consider financing options, and adhere to regulations or alternatives such as leasing or fractional ownership. With wet or dry leases, leasing is affordable and accessible with the benefit of fixed monthly payments. Buying shares or equity in an aircraft through fractional ownership is a similar and approachable option if an outright purchase isn’t in the cards.

FAA Certification Lawyer in Fort Lauderdale