### David 

### Glenn Bettencourt Attorney at Law- Hawai'i Bar No. 970 Suite 304 Dillingham Transportation Building • 735 Bishop Street • Hnnolulu, Hawai'i 96813 Telephone: (808) 521-3491 Fax: (808) 521-3494 E-mail: airlaw@pixi.com 30 October 2014 Federal Aviation Administration (Original+ 1 copy) 800 IndependenceAvenue SW Washington, DC 20591 Attention: HearingDocketGerk, AGC-430 WilburWrightBuilding- Suite 2W1000 

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## -i::201~ HEARING DOCKET The HonorableRichard C. Goodwin,Administrative LawJudge (1 copy) Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Mr. Robert Spitzer, Complainant's Counsel Federal AviationAdministration Office ofRegional Counsel- ANM-7 NorthwestMountainRegion 1601 Lind Avenue, SW Renton, Washington98057

Aloha:Re: InRe Offshore Flight School, Inc., FAADocketNo. 2014WP910016 DMS No. FAA-2014-0691 (1 copy)

Enclosed is a copy of Respondent Offshore Flight School, Inc.'s Answer to Complaint. I expect to be engaged in a historical aircraft recovery project in Viet Nam during the last half of December 2014 andthefirst two weeks of2015.

DB:skyc enclosures cc: Mr. Tomoyuki Yoshizawa, President Offshore Flight School, Inc. 

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# OR\G\NAL

DAVID GLENNBETTENCOURT Attorney atLaw- Hawai'iBarNo. 970 Suite 304 DillinghamTransportationBldg. 735 Bishop Street, Honolulu, Hawai'i 96813 Telephone: (808) 521-3491 Facsimile: (808) 521-3494 Email: airlaw@pixi.com Attorney for OFFSHORE FLIGHT SCHOOL, INC. 

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### HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARING WASHINGTON, D.C.

IntheMatterof: ) FAADocketNo. 2014WP910016 ) OFFSHORE FLIGHT SCHOOL, ) DMS No. FAA-2014-0691 INC. ) ) Judge Richard C. Goodwin ) ) ) ) ) ) OFFSHORE FLIGHT SCHOOL INC.'S ANSWER TO COMPLAINT
COMES NOW OFFSHORE FLIGHT SCHOOL, INC., of Honolulu International Airport, Honolulu, Hawai'i, by and through its legal counsel David Glenn Bettencourt, and hereby answers the F.A.A. Complaint filed bythe F.A.A. on 10 October2014, as follows: IRespondent OFFSHORE FLIGHT SCHOOL, INC., ("OFFSHORE") admits the allegations contained in Section I,<[ 1 of the F.A.A. Complaint, but denies that the Federal Aviation Administration has established a constitutionally-compliant and lawful system and/or program for imposition of civil penalties, inthat the Administrator has consistently and continually engaged in arbitrary, capricious or otherwise unlawful conduct. II 1. OFFSHORE admits Section II,<[ 1 ofthe F.A.A. Complaint that itis the holder ofLetter ofAuthorization 363JWP13, but Respondent states thattheremainder ofthe allegations inthis paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial,but are otherwise denied. 2. OFFSHORE responds to Section II, <[ 2 of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial, but are otherwise denied. 3. OFFSHORE responds to Section II,<[ 3 of the F.A.A. Complaint by admitting that it operated the aircrafts described in <[<[ 3)(a) through 3(d), but Respondent states that the remainder of the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do notrequire and admission or denial,but are otherwise denied. 4. OFFSHORE responds to Section II,<[ 4 ofthe F.A.A. Complaint by admitting the allegations. 5. OFFSHORE responds to Section II, <[ 5 of the F.A.A. Complaint by admittingthe allegations. 6. OFFSHORE responds to Section II,<[ 6 ofthe F.A.A. Complaint by admittingthe allegations.

27. OFFSHORE responds to Section II, Cj[ 7 ofthe F.A.A. Complaint by admitting the allegations. 8. OFFSHORE responds to Section II, Cj[ 8 ofthe F.A.A. Complaint by admittingthe allegations. 9. OFFSHORE responds to Section II, Cj[ 9 ofthe F.A.A. Complaint by admittingthe allegations. 10. OFFSHORE responds to Section II, C[ 10 of the F.A.A. Complaintby admittingthe allegations. 11. OFFSHORE responds to Section II, Cj[ 11 of the F.A.A. Complaint by admitting the allegations, but additionally clarifies that it

was in receipt of reliable evidence that Mr. Prescott Eugene Wilkie was on

an approved drugtestingprogram andhadinfact tested negative. 12. OFFSHORE responds to Section II, Cj[ 12 of the F.A.A. Complaintby admittingthe allegations. 13. OFFSHORE responds to Section II, Cj[ 13 of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admissionor denial,but are otherwise denied. 14. OFFSHORE responds to Section II, Cj[ 14 of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions oflaw that do not require and admission or denial,but are otherwise denied. III 1. OFFSHORE responds to Section III, Cj[ 1(a) of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial, but are otherwise denied. OFFSHORE denies that the Federal Aviation Administration has established a constitutionally

3compliant and lawful system and/or program for imposition of civil penalties, in that the Administrator has consistently and continually engagedin arbitrary, capricious orotherwiseunlawful conduct. 2. OFFSHORE responds to Section III, 

### 'li l(b) of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial, but are otherwise denied. OFFSHORE denies that the Federal Aviation Administration has established a constitutionally compliant and lawful system and/or program for imposition of civil penalties, in that the Administrator has consistently and continually engagedin arbitrary, capricious or otherwiseunlawful conduct. 3. OFFSHORE responds to Section III, 

### 'li l(c) of the F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial, but are otherwise denied. OFFSHORE denies that the Federal Aviation Administration has established a constitutionally compliant and lawful system and/or program for imposition of civil penalties, in that the Administrator has consistently and continually engagedin arbitrary, capricious orotherwiseunlawful conduct. 4. OFFSHORE responds to SectionIII, 

### 'li 2 ofthe F.A.A. Complaint by stating that the allegations in this paragraph are not allegations of fact by rather are conclusions of law that do not require and admission or denial, but are otherwise denied. OFFSHORE denies that the Federal Aviation Administration has established a constitutionally compliant and lawful system and/or program for imposition of civil penalties, in that the Administrator has consistently and continually engaged in arbitrary, capricious orotherwiseunlawful conduct.

4AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE OFFSHORE has operated for several years and has always operated in compliance with F.A.A. requirements and has incurred losses in each year ithas operated due to compliance withF.A.A. requirements. SECOND AFFIRMATIVE DEFENSE OFFSHORE had at all times relevant implemented an approved drug/alcohol testing and educationprogramrestricted to its pilots, and has

now expanded and reorganized that program to insure comply with all F.A.A. requirements by retaining the services of Aircraft Safety & Compliance Services, Inc. THIRD AFFIRMATIVE DEFENSE OFFSHORE logically and reasonably believed that it was operating in accordance with all F.A.A. requirements. FOURTH AFFIRMATIVE DEFENSE F.A.A. has adopted policies, procedures and rules that discriminate against OFFSHORE infavor ofthose individual pilots or entities in Hawaii who have avoided all F.A.A. alcohol or drug testing F.A.A. requirements by operating illegally without seeking from the F.A.A. any Letters of Authorization or other F.A.A. operational certificates, but the FAA has knowingly failed to impose any civil penalties for alcohol/drug violations, but instead has imposed (if anything) minimal civil penalty or certificate sanctions widely divergent from the sanctionit seeks from OFFSHORE. FIFTH AFFIRMATIVE DEFENSE OFFSHORE incurred a loss of approximately $29,000.00 in its most recenttax year, has never generated a profit, andthe sanction sought, when considered in light of the sanctions imposed by the F.A.A. for other far

5more serious or extensive violations, is excessive, arbitrary, capricious and unlawful SIXTH AFFIRMATIVE DEFENSE Any penalty would violate the due process clause of the United States Constitution, the F.A.A. statutory authority to impose sanctions, and administrative andrule-making requirements. WHEREFORE, Respondent OFFSHORE prays that the Complaintbe dismissed. DATED: Honolulu, Hawaii, 30 October 2014.

AVID GLENNBETTENCOURT Attorney for OFFSHORE FLIGHT SCHOOL, INC.

6CERTIFICATE OF SERVICE LIST-U.S. MAIL The undersigned hereby certifies that onthe date setforthbelow, the foregoing documents were duly servedbyFirst Class U.S. Mail addressed as setforthbelow: Federal AviationAdministration (Original+ 1 copy) 800 Independence Avenue SW Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2W1000 The Honorable Richard C. Goodwin,Administrative LawJudge (1 copy) Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Mr. Robert Spitzer, Complainant's Counsel Federal AviationAdministration Office ofRegional Counsel- ANM-7 NorthwestMountainRegion 1601 Lind Avenue, SW Renton, Washington98057 (1 copy)

DATED: Honolulu, Hawaii, 30**~ctobe~** 20)4. A**~**

# /)4./l~ DAVID GLENNBETTENCOURT Attorneyfor OFFSHORE FLIGHT SCHOOL, INC.