Regulatory Compliance & Legal Framework Flashcards
7 cards from real ASC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Regulatory Compliance & Legal Framework flashcards as text
Which record must a ski resort retain to demonstrate compliance with its USFS Special Use Permit avalanche management requirements?
Answer: Daily avalanche control logs, blast records, and closure documentation
Daily control logs, explosive use records, and closure documentation are the core records demonstrating compliance with USFS avalanche management permit conditions.
Under which legal circumstance can a county sheriff legally close backcountry roads or trails due to avalanche danger in the US?
Answer: Under state emergency management and law enforcement authority
County sheriffs have authority under state emergency management and law enforcement statutes to close roads and public areas due to imminent hazards including avalanches.
A ski resort's avalanche blasting program must comply with FAA regulations primarily when conducting which activity?
Answer: Avalanche control using helicopter-delivered charges
Helicopter-delivered avalanche charges require FAA compliance because a rotorcraft and its operations over terrain are regulated under federal aviation law.
What is the standard of care that courts typically apply when evaluating the conduct of a certified mountain guide during an avalanche incident?
Answer: That of a reasonably prudent professional with comparable certification and experience
Courts apply the 'reasonably prudent professional' standard — what a competent, similarly certified guide would have done under the same circumstances.
Which federal land management designation provides the MOST permissive regulatory environment for helicopter-based commercial avalanche mitigation?
Answer: National Forest land under a Special Use Permit
National Forest land managed under a USFS Special Use Permit allows commercial helicopter operations for avalanche mitigation with appropriate permits, unlike Wilderness or monument areas.
If a guided party triggers an avalanche that destroys a private cabin, what area of law primarily governs the property damage claim against the guide?
Answer: Civil tort law (negligence or trespass)
Property damage caused by a guided party's negligent actions is governed by civil tort law, specifically negligence or potentially trespass to property.
Under the Federal Tort Claims Act (FTCA), can an injured backcountry user sue the US government (e.g., USFS) for failing to post adequate avalanche warnings on federal land?
Answer: Possibly, but the discretionary function exception may shield the government from liability for policy-level decisions
The FTCA waives sovereign immunity for some negligence claims, but the discretionary function exception typically protects government entities when the decision involved policy judgment, such as warning sign placement.