U.S. Department ofTransportation 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 ofBirmingham Flight Center, Inc. FAA Case No. 2012S0090053 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECE\VED DEC 10**201~** 

## HEARING DOCKET

Enclosed herewithplease find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAArequests that the hearing inthis matterbeheld 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 ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

# ~ DELTRICKH. JOHNSON Attorney Office ofthe Regional Counsel
Enclosures2014-11-26 23:41:39 (GMT)

### BAR_~_'fETT 

## & 

# BORTH,.tLc ATTQ P,..N -'E"Y.S :\ T- LA'"V 800Waukegan Road,Snite200 • Glenview, Illinois 60025 18153567042 From: Charles Barnett

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

HearingDocket Fcderal AviationAdininistration 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: HewingDocket Clerk, AGC-43.0 Wilber WrightBuilding-.Suite 2W1 000 

### RE: REQlJESTJ<'ORHEARING**2012-S0-09~0053** ATTN: HearingDocketClerk Please be advisedthatwe represent BirminghamFlight Cenj<;r i)ltheabove-refer.;nc<Xl matter. Pursuantto 14CFR §·13

### J 6, we are requesting a hearing. A copy oftheFINAL NOTICE OFPROPOSED Ci VlLPENALTYinthe matter is enclosed foryourreference. Kinil!yincludcthis officeinanycommunications or correspondence concemif)gthis matter. Ifyonn9e4
..<JllY additional information., please cqntact the undersigned. ·

Encl. cc: VcryTrulyYours, BARNETT & BORTH, LLC



# /E¥7

# {'~······ CharlesR Bamett;III Attomcy at .Law
DeitrickH. Jolmson, Esq. (without encl.) Via facsimile and lL'> Mail**-·----~----------~·-··-·-·-----·-·--···--** ----·--···-··-·-------..-----·-·-**-----·-··"-'"·-·····---·-····--~-----····-** --------···--------------"-·----

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### ----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 FAADocket No. Judge

COMPLAINT 

## DEC 10 2014 HEARING DOCKET

TheFederalAviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. OnNovember 19,2014, Respondent, Birmingham Flight Center, Inc. was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposedto assess a civil penalty in the amount of$11,000. OnNovember 26, 2014, the Agency Attorneyreceived 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 ofthe 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 ofTransportation; 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. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe 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 ofany deviation or exemption authority, ifissued 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 beused.
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 ofthe 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 ofthe 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, ifsingle-engine airplane other than turbojet, or that type ofaircraft, 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 ofa flight unless, since the beginning of the 12th calendar month before that service, that pilot has passed a flight check in one ofthe types ofaircraft which that pilot is to fly. The flight check shall- (!) Be given by an approved check pilot orbythe Administrator; (2) Consist ofat 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 aportion ofeither ofthem. 6 Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penaltynot to exceed $1,100 for each ofthe violations alleged. Under the facts and circumstances ofthis case, a civil penalty of$11,000 is appropriate. WHEREFORE, the Agency, by counsel respectfullyrequests 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 ofDecember, 2014.

# ~t~ Attorney
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 ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE Ihereby certify that a copy ofthe 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 ofthe Regional Counsel 

## DEC ,5 Dated (original+ 1 copy)