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25 Air & Space Law. 1 (2012-2013)

handle is hein.journals/airspaclaw25 and id is 1 raw text is: IR L _A AMERICAN BAR ASSOCIATION THE EER VOLUME 25, NUMBER 1, 2012 Aviation Needs a Safety Privilege ASAP I By David J. A. Hayes III ecent case law and Federal Aviation Administration (FAA) enforcement actions raise the question of hether an evidentiary privilege is necessary to promote and protect the disclosure of safety data, infor- mation, and reports prepared and submitted through vol- untary disclosure programs. Voluntary disclosure has been essential to promoting safety in the post-deregula- tion aviation industry. With decreasing resources for oversight and surveillance, the FAA must rely on aviation industry stakeholders, including air carriers, repair sta- tions, pilots, mechanics, dispatchers, and flight atten- dants, to bring forward important safety issues and con- cerns. An evidentiary privilege protecting such safety information would allow the reporter to decline to provide evidence or bar such safety information from being used in a judicial or other adversarial proceeding, thereby elimi- nating the deterrent to disclosure of such information. In general, a privilege exists to protect confidential communications and facilitate proper functioning of the legal system. In the context of safety data, information, and reports prepared under the protection of a voluntary disclosure program, a safety privilege would protect dis- closed data and further the purpose of collecting and ana- lyzing such data-an enhanced level of safety and the pre- vention of accidents and incidents, which often lead to continued on page 13 Regulation of Airfare Advertising in the United States and Canada I By Edward W. Sauer and Carlos P. Martins uring the past 12 months, both the United States and Canada have undertaken substantial reform of their respec- tive regulations governing the advertisement of airfares. As part of a sweeping package of consum- er protection rules, the U.S. Department of Transportation (DOT) has renewed enforcement of a decades-old policy requiring airlines to state the full fare (including all taxes, fees, and sur- charges) that consumers must pay for air travel. DOT has also extended this rule to ticket agents, a term that Forum on Air includes many travel agents, tour operators, and travel websites.' Canada, at the time of this writing, is consid- ering the adoption of federal rules analogous to those now in force in the United States. Although consumer protection legislation of general application that applies to the advertising of airfares has been in place in some Canadian provinces, new regulations will likely sup- plant the provincial enactments, creating a more har- monized environment. This article describes these developments in both the United States and Canada and poses some questions concerning the operation of the new regimes. continued on page 18 and Space Law

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