James R. Hammerton, Esq. 169 Ledgemont Dr. , Edmond, ok., 73013 

Ca. SBN 35625 

ph: 405-562-1867 

Attorney for Respondent, vectair USA,LLC 

In association with: 

Kenneth R. Hammerton 

11299 Airport Rd., olive Branch, Ms.38654 

Ph: 901-351-6311 

owner and President of Respondent Vectair USA, LLC 

U.S.DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

OCT 3 1 2014 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRTION 

complainant, 

ANSWER TO COMPLAINT 

vs. 

VECTAIR USA,LLC 

Respondent 

FDMS NO. FAA 2014-0687 

Comes now, Respondent vectair USA, LLC, a "small Business 

concern," currently in chapter 11 Bankruptcy, case 

no.11-22278, and in answer to the within complaint by the 

Federal Aviation Administration, admits, denies and alleges 

as follows: 

1. Respondent admits the truth of allegations contained 1n 

paragraphs I-1; II-1 (except that Respondent gave up the 

possession of N100KB on or about July, 2012), and admits 

II-5,6,9 & 12, 

Page 1 
otherwise Respondent denies generally and specifically each 

and every other allegation contained in the complaint 

AFFIRMATIVE DEFENSES 

2. All actions and claims asserted in the complaint are bared by the two (2) year statute of Limitations set forth 

in 49 u.s.code, section 46301 (c), in that the violations 

are alleged to have occurred in May, 2010 whereas the 

complaint was not served upon Respondent until 

October, 2014, more that four (4) years after the alleged violations of a wing bolt inspection. 

3. At all times relevant, aircraft NlOOKB was airworthy. 

4. Respondent, vectair USA, LLC, referred to in the 

complaint as VECTOR, is and was at all times complained of, 

a "small Business Concern" that is, at the filing and 

service of this answer, regulated by the terms and 

conditions of the Federal Bankrkuptcy Court, under the rules of Chapter 11, case no: 11-22278. 

5. Estoppel: on 6/26/07, approximatly one year before 

Respondent purchased N100KB, maintenance was performed including a wing bolt inspection. The entry in the record 

states: 

"AD89-25-10 wing spar inspection and 60 MONTH WING BOLT 

INSPECTION completed by signature Flight support Repair Station----". After Respondent purchased N100KB, it was flown to a FAA facility for a conformity check required prior to part 135 operation. FAA personel had full access to 

all maintenance records at that time. During the following two years, FAA personel inspected NlOOKB on no less that 

four separate occasions, having access to all maintenance 

records and did not decertify or clarify the entry in the 

records and did not call to Respondents attention any regulations or schedule of inspection regarding the winQ bolt inspection or the time periods for same Thus, it 1s 

submitted that for civil penalty purposes, the FAA, because 

of its failure to notify, is estopped from claiming the 

violations as alleged in the complaint. 

Page 2 
Wherefore, Respondent respectfully requests that the complaint be dismissed 

and that an order and or judgment of dismissal be declared and entered in the 

record, and that Respondent be awarded its costs of defending against this 

action, including but not limited to its attorney fees incurred to date. 

-d;;-··· Datet/~q ;;dt?,ltj v James R. Hammerton, Esq 

Attorney for Respondent, Vectair USA LLC 

Page 3 
__ CERTIFICATE OF SERVICE_ 

I hereby certify that a copy of Respondent's Answer to Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA AGC-430, Suite 2W1000 (Original and 1 copy) 

Wilbur Wright Building 

800 Independence Ave. 

Washington D.C. 20591 

And to: 

Aundrea Michelle Harper 

Federal Aviation Admin. 

Office of Regional Counsel, AS0-7 

So. Region 

1701 Columbia Ave. 

College Park, Ga., 30337 

Date /o ·-;;; 7-;;;;u/1

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