U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC I f5' 20141 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Birmingham Flight Center, Inc. 

FAA Case No. 2012S0090053 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECE\VED 

DEC 1 0 201~ 

HEARING DOCKET 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Birmingham, Alabama area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

DELTRICKH. 

~ JOHNSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
2014-11-26 23:41:39 (GMT) 

BAR_~_'fETT & 

BORTH,.tLc AT TQ P,..N -'E"Y.S :\ T- LA '"V 

800 Waukegan Road,Snite200 • Glenview, Illinois 60025 

18153567042 From: Charles Barnett 

PHOI\.'E: 847-724-5520 crb@barnettlegaLcom FAX: 815-356-7042 

Hearing Docket 

F cderal Aviation Adininistration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

November26, 20.}4 

Via facsimile 202 493-5142 and 

US CertifiedMai/70121640 0001 736:L:}1§Ji 

Attention: Hewing Docket Clerk, AGC-43.0 

Wilber Wright Building-.Suite 2W1 000 

RE: REQlJESTJ<'ORHEARING 

2012-S0-09~0053 

ATTN: HearingDocketClerk 

Please be advised that we represent Birmingham Flight Cenj<;r i)l the above-refer.;nc<Xl 

matter. Pursuant to 14 CFR § ·13 J 6, we are requesting a hearing. A copy ofthe FINAL 

NOTICE OF PROPOSED Ci VlLPENALTY in the matter is enclosed for yourreference. 

Kinil!yincludcthis office in any communications or correspondence concemif)g this 

matter. If yon n9e4 .. <JllY additional information., please cqntact the undersigned. · 

Encl. 

cc: 

V cry Truly Yours, 

BARNETT & BORTH, LLC 

/E¥7 

{'~······ CharlesR Bamett;III 

Attomcy at .Law 

Deitrick H. Jolmson, Esq. (without encl.) Via facsimile and lL'> Mail 

-·----~----------~·-··-·-·-----·-·--···-- ----·--···-··-·-------.. -----·-·- -----·-··"-'"·-·····---·-····--~-----····- --------···--------------"-·----.. --...... _,_,,,, ____________ ----
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

FEDERAL AVIATION ADMrniSTRATION, 

Complainant, 

vs. 

Birmingham Flight Center, Inc. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

DEC 1 0 2014 

HEARING DOCKET 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On November 19,2014, Respondent, Birmingham Flight Center, Inc. was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of$11,000. On November 26, 2014, the Agency Attorney received a written 

request for a hearing from the Respondent. 

II. 

1. At all times material herein you were and are an Federal Aviation Administration 

approved 14 C.P.R. Part 61 and Part 141 flight school. 

2. On or about September 18, 2012, you operated N525LP, a Cessna Citation Jet, as 

a passenger carrying flight from Birmingham, AL (KBHM) to Destin, FL (KDTS) 

(hereinafter "Flight"). 

3. The Flight was operated for compensation or hire. 

4. At the time of the Flight, the Birmingham Flight Center did not: 

a. Hold an air carrier or commercial operator certificate under 14 C.P.R. Part 

119; 
b. Hold economic authority from the Department of Transportation; 

c. Conduct the flight with a qualified pilot under 14 C.P.R. 135; 

d. Pass a written or oral test given by the Administrator or an authorized check 

pilot to conduct the Flight; or 

e. Pass or complete the training, tests, and checks required to act as a pilot under 

14 C.P.R. Part 135. 

III. 

5. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 119.5(g) in that no person may operate as a direct air carrier or as a 

commercial operator without, or in violation of, an appropriate certificate and 

appropriate operations specifications. No person may operate as a direct air 

carrier or as a commercial operator in violation of any deviation or exemption 

authority, if issued to that person or that person's representative. 

b. Section 119.5(i) in that no person may operate as a direct air carrier without 

holding appropriate econom1c authority from the Department of 

Transportation. 

c. Section 119.33(a)(2) in that a person may not operate as a direct air carrier 

unless that person obtains an Air Carrier Certificate. 

d. Section 135.95(b) in that no certificate holder may use the services of any 

person as an airman unless the person performing those services is qualified, 

under this chapter, for the operation for which the person is to be used. 

e. Section 135.293(a) in that no certificate holder may use a pilot, nor may any 

person serve as a pilot, unless, since the beginning of the 12th calendar month 

before that service, that pilot has passed a written or oral test, given by the 

Administrator or an authorized check pilot, on that pilot's knowledge in the 

areas specified in this section. 

f. Section 135.293(b) in that no certificate holder may use a pilot, nor may any 

person serve as a pilot, in any aircraft unless, since the beginning of the 12th 

calendar month before that service, that pilot has passed a competency check 

given by the Administrator or an authorized check pilot in that class of 

aircraft, if single-engine airplane other than turbojet, or that type of aircraft, if 

helicopter, multiengine airplane, or turbojet airplane, to determine the pilot's 

competence in practical skills and techniques in that aircraft or class of 

aircraft. 
g. Section 135.299(a) in that no certificate holder may use a pilot, nor may any 

person serve, as a pilot in command of a flight unless, since the beginning of 

the 12th calendar month before that service, that pilot has passed a flight 

check in one of the types of aircraft which that pilot is to fly. The flight check 

shall-

(!) Be given by an approved check pilot or by the Administrator; 

(2) Consist of at least one flight over one route segment; and 

(3) Include takeoffs and landings at one or more representative airports. In 

addition to the requirements of this paragraph, for a pilot authorized to 

conduct IFR operations, at least one flight shall be flown over a civil 

airway, an approved off-airway route, or a portion of either of them. 

6 Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of$11,000 is appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $11,000. 

Respectfully submitted this ~ day of December, 2014. 

Attorney 

~t~ 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Retnrn Receipt Requested, to the following: 

Birmingham Flight Center 

4243 East Lake Blvd. 

Birmingham, AL 35217 

Charles R. Barnett 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025-4387 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

t~Eby Legal Assistant 

Office of the Regional Counsel 

DEC ,5 

Dated 

(original+ 1 copy)