The civil aviation is controlled fully by the federal government in the United States. However, there are a number of select states that also come up with their own sets of laws to govern the aviation department, acting in tandem with the overall laws of the Federal Government, the Government Department of Transport, and the Federal Aviation Administration. These agencies work together with the developing countries to formulate and manage the international routes. The Federal Aviation Administration is mandated by the law to formulate the rules and regulations that govern the safe and efficient usage of airspaces. These are commonly referred to as the Federal Aviation Regulations, contained in the Code of Federal Regulations. These regulations are uniformly applied across the aviation department and in case of a dispute, the complainants file their petition with the state of the federal courts to determine the verdict of the complaints arising from the breach of the said laws.
In this incident, the controller had worked for seven hours, unlike the six hours required under the law for which he should have continued to control the whole traffic alone, and the chances of fatigue on his part were very high, which caused him to doze off. The long working hours could overwork the brain and cause confusion therefore, causing him to allocate the two pilots the same altitude, hence also, causing the collision. If there had been an allocation of more than one controller to control the traffic, allowing the controller to be out of duty in time, there then would have been a high chance of preventing the accident from happening.
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The complainant who in this case is the plaintiff of those who died in the accident, who can be the family members or even friends of the casualties, could sue any individual or company which they deem responsible for having caused an accident; these include the government, the aircraft’s manufacturers in as well as its operator, any maintenance provider and the pilots. In this case, the government is liable for the lost lives, according to the law, for not providing checks in administration and labor management. The fact that there was not enough labor in the instructor section and right working hours resulted to abuse of labor laws governing the aviation department which may have caused accident emanating from allocating same direction to the aero planes resulting to collision. This therefore means that the United States government will have to carry full responsibility, as in this case, the controller will be protected by the law from bearing any culpability for the occurrence of the accident.
