02/27/2013 13:58 FAX 2024835142 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

FEB 7 2013 I 

FAA 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

-~' OMS 

1 Aviation Plaza 

Jamaica, NY 11434 

141001/008 

CERTIFJED MAIL- RE.TURN RECEIPT REOUEST.t;,D RECEIVED 

Federal Aviation Administration 

800 Independence A~enue, S.W_ 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Duilding- Room 20 J 4 

A TIN: HEARING DOCKET CI -ERK 

FEB :1 Z 2013 

HEARING DOCKET 

Re: In the Matter of Central Virginia Aviation, Docket No. 20 12EA21 0031 

Enclosed herein please find a copy of the FAA's Complaint in the above-entitled 

action 1br tiJing, together with proof of service upon the Respondent. 

Sincerely~ 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Attorney 

Enclosures 

cc: David H. Gates, Esq., Cowan Gates, 1930 Huguenot Road, PO Box 35655, Richmond, VA 23235 
02/27/2013 13:58 FAX 2024835142 FAA ~ OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OF.FICE OF HEARlNGS 

WASHINGTON, D.C. 

In the Matter of Central Virginia Aviation, Inc. 

20 12EA21003I 

Judge Not Assigned 

C01\1PLAINT 

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

pursuant to Rule 13.208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

foJiows: 

1 

Respondent, Central Virginia Aviation, Inc., was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $22.000 .. On February 4, 2013, Respondent submitted a written demand for a 

hearing. 

II 

I. On or about February 4, 2012, Central Virginia Aviation, Inc., 

operated a Beech 090 aircraft. identification number N603PA 

(hereinafter .. the aircraft''), on a flight from Petersburg, VA (PTB) to 

Stuart, FL (SUA) (hereinafter '

1

Flight #I"). 

2. Flight #1 was a passenger-carrying flight tor compensation or hire, 

and was thus subject to the rules of Part 135 of the Federal Aviation 

Regulations. 

3. On or about February 7, 2012, Central Virginia Aviation, lnc .• 

operated the aircraft on a flight from Sl.JA to PTB (hereinafter ''Flight 

#2). 

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4. Flight #2 was a passengcr-canying flight ibr compensation or hire, 

and was thus subject to the rules ofPart 135 of the Federal Aviation 

Regulations. 

5. At all times relevant herein, Central Virginia Aviation, Inc., did not 

hold an air carrier certificate. 

ITT 

By reason of the foregoing fact~ and circumstances, Respondent violated the 

ibllowing sections of the Federal Aviation Regulations: 

a. Section 119.5{g), which states that no person may operate as a direct air 

carrier or as a commercial operator without, or in violation ot;, an 

appropriate certificate and appropriate operations specifications. 

b. Section l 1 9.5(i), which states that no person may operate as a direct 

air carrier without holding appropriate economic authority from the 

Department of Transportation. 

c. Section 119.5(k), which states that no person may advertise or 

otherwise otler to pcrtbnn an operation subject to this part unless that 

person is authorized by the Federal Aviation Administration to 

conduct that operation. 

d. Section 119.33(a), which states that a person may not operate a" a 

direct air carrier unless that person (1) Is a citizen of the United 

States; (2) Obtains an Air Carrier Ccrti1icale: and ("3) Obtains 

operations specifications that prescribe the authorizations, limitations, 

and procedures l.lllder which kind of operation must be conducted. 

IV 

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1. Pursuant to 49 U.S.C. §4630l(a)(l), Respondent is subject to a civil penaltynot to 

exceed $25,000 for each of lhe violations alleged, or, for a small business concern, 

pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to 

exceed $11.000 for each of the violations alleged. 

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

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administratjvc Law Judge enter an order that Respondent be assessed a civil penalty 

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02/27/2013 13:58 FAX 2024835142 

in the amount or $22,000. 

Respectfully submitted, 

Alfred R. Johnsonl Jr. 

Regional Counsel 

FAA 

By: Zachary ~~ ~nan --

Attomey 

federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

"* OMS 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

Ill 005/008 
02/27/2013 13:58 FAX 2024835142 FAA -!- OMS 

CERTIPICATE OF SERVICE 

I hereby certi(y that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail- Return Receipt Requested addressed 

as follows: 

David H. Gates, Esq. 

Cowan Gates 

1930 Huguenot Road 

P.O. Box 35655 

Richmond, VA 23235 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

~· -·· p dl n-d.--

L'Hooks . Date: ----7 2013 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

141008/008