o 

u.s. Department Southern Region P.O. Box 20636 

ofTra'nsportation .rPffj~e 9/ ~?rl Regional Counsel Atlanta, Georgia 30320 

!".... c ,J l., 

Federal Aviation (404) 305-5200 


Administration (404) 305-5223 FAX 


MAR 09 lOtO 

CERTIFIED - RETURN RECEIPT REQUESTED D 

Hearing Docket Clerk MAR i 5 .28IJ 

FAA, AGC-430, Suite 2WlOOO 

Wilbur Wright Building rNG D()CKET 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Hi-Fli Aviation Too LLC lc..-.r I~ S() f) Cf()3 G(o 

FAA Case No. 2009S0130017 FAA d1)fb ­ () h 

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 Columbia, South Carolina area, 

and expects that the hearing will last one day. 

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

Federal Aviation Administration 

Office ofthe Regional Counsel, ASO-7 

Southern Region 

P.o. Box 20636 

Atlanta, Georgia 30320 

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

Sincerely, 

~(J~ ROBERT B. DIXON 

Attorney 

Office of the Regional Counsel 

Enclosures 
I 

} 

U.S. DEPARTMENT OF TRANSPORTATION 


OFFICE OF HEARINGS 


FEDERAL AVIATION ADMINISTRATION 


FEDERAL A VIA TION ADMINISTRATION, 

Complainant, 

vs. FAA Docket No. 2009S0130017 

Judge 

Hi-Fli Aviation Too LLC 

Respondent. 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

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

pursuant to Rule 2p8 of the Rules ofPractice (14 C.F.R. 13.208), and states as follows: 

I. 

1. 	 On Febraury 12,2010, Respondent, Hi-Fli Aviation Too LLC was advised through a 

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

penalty in the amount of $44,000. On March 4, 2010, the Agency Attorney received 

a written request fora hearing from the Respondent. 

II. 

2. At all times material herein Respondent,_Hi-Fli Aviation Too LLC, did not: 

a. 	 hold an air carrier certificate under 14 C.F.R. Part 119; or 

b. 	 possess Operations Specifications authorizing operations ofN843RM under 

14 C.F.R. Part 135. 

J. 	 At all times material herein, Hi-Fli was the registered owner of civil aircraft 

N843RM, a Beechcraft C90. 
4. 	 On or about the following dates Hi-Fli operated civil aircraft N843RM on 

passenger-carrying flights: 

a. 	 November 21, 2008 from Charleston~ South Carolina to Norfolk~ Virginia 

and return to Charleston~ South Carolina. 

b. 	 November 25~ 2008 from Charleston, South Carolina to Atlanta~ Georgia 

and return to Charleston, South Carolina. 

5. 	 On the above-referenced flights, Hi-Fli utilized the services ofMr. Tobin 

Williamson as pilot in command. 

6. 	 The flights described in paragraph 3 were operated for compensation and hire. 

7. 	 At the time ofthe flights described in paragraph 3, Mr. Williamson had not passed 

a written or oral test, a competency check~ or a flight check, given by the 

Administrator or an authorized check pilot, as required under Part 135 of the 

Federal Aviation Regulations (FARs). 

m. 

8. BY reason ofthe foregoing facts and circumstances~ Respondent violated the 

following sections 0 f 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 1 19.21(a)(5) in that each person who conducts airplane operations 

as a commercial operator engaged in intrastate common carriage of 

persons or property for compensation or hire in air commerce, or as a 

direct air carrier, shall comply with the certification and operations 

specifications requirements in subpart C ofthis part, and shall conduct its 

on-demand operations in accordance with the applicable requirements of 

part 135 of this chapter~ and shall be issued operations specifications for 

those operations in accordance with those requirements. 

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 119.33(a)(3) in that a person may not operate as a direct air carrier 

unless that person obtains operations specifications that prescribe the 

authorizations, limitations, and procedures under which each kind of 

operation must be conducted. 

e. Section 119.33(b )(2) in that a person other than a direct air carrier may not 

conduct any commercial passenger or cargo aircraft operation for 

compensation or hire under part 121 or part 135 ofthis chapter unless that 

person obtains an Operating Certificate. 

f. Section 119 .33(b )(3) in that a person other than a direct air carrier may not 

conduct any commercial passenger or cargo aircraft operation for 

compensation or hire underpart 121 or part 135 ofthis chapter unless that 

person obtains operations specifications that prescribe the authorizations, 

limitations, and procedures under which each kind ofoperation must be 

conducted. 

g. 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 12thcalendar 

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. 

h. Secti6h135,293(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, ifsingle-engine airplane other than turbojet, or that 

type of aircraft, if helicopter, multi engine airplane, or turbojet airplane, to 

determine the pilot's competence in practical skills and techniques in that 

aircraft or class of aircraft. 

1. 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 ofthe 12th calendar month before that service, that pilot has 

passed a flight check in one ofthe types of aircraft which that pilot is to 

fly. 

J. Section 135.343 in that no certificate holder may use a person, nor may 

any person serve,as a crewmember in operations under this part unless 

that crewmember has completed the appropriate initial or recurrent 

training phase ofthe training program appropriate to the type of operation 

in which the crewmember is to serve since the beginning ofthe 12th 

calendar month before that service. 

k. Section 135.351(a) in that each certificate holder must ensure that each 
crewmember receives recurrent training and is adequately trained and 

currently proficient for the type aircraft and crewmember position 

involved. 

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

penalty not to exceed $11,100 for each ofthe violations alleged. 

10. Under the facts and circumstances ofthis case, a civil penalty of$44,000 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$44,000. 

Respectfully submitted this 1~ dayofMarch, 2010. 

ROBERT B. DIXON 

Attorney 

Office ofthe Regional Counsel 

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 ofthe foregoing Complaint has been mailed this date by Certified 


Mail, Return Receipt Requested, to the following: 


Hi-Fli Aviation Too LLC 


32 S Battery Street 


Charleston, SC 29401-2727 


John Adams Hodge, Esq. 


Haynsworth Sinkler Boyd, P .A. 


1201 Main Street, 22nd Floor 


Columbia, South Carolina 29201-3226 


Hearing Docket Clerk (original + 1 copy) 


FAA, AGC-430, Suite 2W1 000 


Wilbur Wright Building 


800 Independence Avenue, SW 


Washington, DC 20591 


Dated