"This is an extremely serious situation, " Kevin Hiatt, a former pilot and vice president with the Flight Safety Foundation, told CNN.

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Kevin Hiatt, president and CEO of the Flight Safety Foundation, says the situation speaks to what's going on inside the FAA itself.

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A320s were not covered under the judge's ban, and the TAM jet that crashed was a relatively recent model, said William Voss, president and CEO of the Flight Safety Foundation in Alexandria, Va.

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In fact, a recent study by the Flight Safety Foundation found that 38% of all accidents in modern turbine-powered, glass-cockpit-equipped aircraft were likely or highly likely to have been prevented if the pilot had a HUD.

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