FAA Regulations Expert Witness: 14 C.F.R. Parts 61, 67, 91 & 121
Opinions on how the Federal Aviation Regulations and FAA guidance apply to airline operations, pilot qualification, and flight training, from a current Part 121 International Widebody First Officer (A-350) who holds an FAA Airline Transport Pilot (ATP) certificate and five FAA type ratings. Available to plaintiff and defense counsel nationwide.
Regulations & Guidance Commonly at Issue
- 14 C.F.R. Part 121 — air carrier operating requirements, including crew resource management training (§ 121.404), the Advanced Qualification Program (Subpart Y), Minimum Equipment Lists (§ 121.628), and extended operations (ETOPS) (§ 121.161 and Appendix P to Part 121).
- 14 C.F.R. Part 91 — general operating and flight rules, including pilot-in-command responsibility and authority (§ 91.3), careless or reckless operation (§ 91.13), and preflight action (§ 91.103).
- 14 C.F.R. Part 61 — pilot and flight instructor certification, ratings, and experience requirements.
- 14 C.F.R. Part 67 — FAA medical standards and certification.
- FAA Advisory Circulars — including AC 120-51E (Crew Resource Management Training), AC 120-66 (Aviation Safety Action Program), and AC 120-71 (Standard Operating Procedures and Pilot Monitoring Duties).
- Operator documents — Flight Operations Manuals, SOPs, QRH procedures, and training programs that implement the regulations.
- Military standards — Naval Aviation Maintenance Program (COMNAVAIRFORINST 4790.2) and military flight training standards, for military matters.
How Regulatory Opinions Are Framed
Regulatory opinions explain how the regulations and the operator’s implementing procedures work in day-to-day flight operations, what a reasonably careful pilot or operator would have been expected to do under them, and how the facts in the record compare. They are grounded in hands-on experience as a current Part 121 First Officer who operates under these rules, participates in AQP training, and conducts MEL/CDL evaluations before departure. Related pages: airline pilot & Part 121 operations and flight training & pilot qualification.
Frequently Asked Questions
Which FAA regulations does Elliott B. Lushin address?
Primarily 14 C.F.R. Parts 61, 67, 91, and 121, together with FAA Advisory Circulars such as AC 120-51E (CRM), AC 120-66 (ASAP), and AC 120-71 (SOPs and pilot monitoring), and the operator manuals that implement them.
Does he give opinions on what a regulation legally requires?
No. Interpreting the law is for the court. He explains how the regulations are applied in airline and flight training operations and whether the conduct in the record was consistent with accepted practice.
Does he work on both plaintiff and defense regulatory matters?
Yes. The same fee schedule applies whether he is retained by plaintiff or defense counsel.
Other Practice Areas
Case Intake & Conflict Checks
Available to plaintiff and defense counsel nationwide for initial conflict checks, case evaluations, Rule 26 expert reports, depositions, and trial testimony. Please include the jurisdiction, parties involved (for conflict screening), and key case deadlines in your initial inquiry. The current Fee Schedule, Retention Agreement, and Form W-9 are provided immediately upon conflict clearance.