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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 

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CERTIFIED

- RETURN RECEIPT REQUESTED 

# D Hearing Docket Clerk 

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## .28IJ FAA, AGC-430, Suite 2WlOOO Wilbur Wright Building 

# rNG D()CKET 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofHi-Fli Aviation Too LLC 

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### Cf()3 G(o FAA Case No. 2009S0130017 

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## h Enclosed herewithplease find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. TheFAA requests that the hearing in this matterbe held in the Columbia, South Carolina area, and expectsthat the hearing will lastoneday. 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 ofthe Regional Counsel
EnclosuresI } U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL A VIATION 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 ofthe 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 ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$44,000. On March 4, 2010, the Agency Attorneyreceived 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 ofcivil 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 ofthe Federal Aviation Regulations (FARs).



## m. 8. BY reason ofthe foregoing facts and**circumstances~** 

### Respondent violated the following sections 0 

### fthe 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, orin violation**of~** 

### an appropriate certificate and appropriate operations specifications. No person may operate as a direct air carrieroras a commercial operator in violation of any deviation orexemption**authority~** 

### ifissued to that person orthat person's representative. b. Section 119.21(a)(5) in that each person who conducts airplane operations as a commercial operator engaged in intrastate common carriage of persons orproperty 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 ofthis**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 personmaynot 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 maynot conduct anycommercial passenger or cargo aircraft operation for compensation orhire underpart 121 orpart 135 ofthis chapterunless that person obtains an Operating Certificate. f. Section 119.33(b)(3) in that a person other than a direct air carrier maynot conduct any commercial passenger or cargo aircraft operation for compensation or hire underpart 121 orpart 135 ofthis chapter unless that person obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind ofoperation mustbe conducted. g. Section 135.293(a) in that no certificate holder may use a pilot, nor may anyperson 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 checkpilot, on that pilot's knowledge in the areas specified in this section. h. Secti6h135,293(b)inthat no certificate holder may use a pilot, normay anyperson serve 

### as a pilot, in any aircraft unless, sincethe beginning of the 12thcalendarmonthbefore that service, that pilot has passed a competencycheck given bythe Administrator or an authorized check pilot in that class ofaircraft, ifsingle-engine airplane other than turbojet, orthat type ofaircraft, ifhelicopter, multiengine airplane, or turbojet airplane, to determine the pilot's competence inpractical skills and techniques in that aircraft or class ofaircraft.
1. 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 ofthe 12th calendar month before that service, that pilot has passed a flight check in one ofthe types ofaircraft which that pilot is to fly. 

### J. Section 135.343 in that no certificateholder mayuse a person, normay anyperson serve,as a crewmember in operations under this part unless that crewmemberhas completed the appropriate initial orrecurrent training phase ofthe training program appropriate to the type ofoperation in whichthe crewmember is to serve since the beginning ofthe 12th calendarmonth before that service. k. Section 135.351(a) in that each certificate holder must ensure that eachcrewmember receives recurrent training and is adequately trained and currently proficient for the type aircraft and crewmemberposition 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 of the Regional Counsel
PLEASE NOTE: Pursuant to Title 14 CFRSection 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 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 SinklerBoyd, 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