U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of John Walsh 

FAA Case No. 2014S0190010 

P .0. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECElVED 

AUG 2 0 2014 

HEARING DOCKET 

~0 IY- 0'5'5 0 

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 Miami, Florida 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 of the Regional Counsel, ASO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

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

Sincerely, 

j ~ 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
To: Christopher R. Stevenson Page 2 of 9 2014-08-14 20:38:56 (GMD 13054000685 From: Stuart A. Goldstein 

UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

~."=rE.-IVED '~""~- ._ ·-- ---

~UG ?. 0 2014 

HEARING DOCKET MICHAEL P. HUERTA, Administrator 

Federal Aviation Administration, 

Complainant, 

v. 

JOHN WALSH, 

Respondent. 

FAA Case No. Z014S0190010 

________________________/ 

NOTICE OF APPEAL 

Respondent, JOHN WALSH, by and through his undersigned attorney, 

pursuant to the Board's Rules of Practice In Air Safety Proceedings, hereby appeals 

the Administrator's Order Of Ass.essment dated july 25, 2014 (copy attached). 

Respondent seeks an order of the Board reversing and setting aside the 

Administra_tor's Order of Assessment. 

Stuart A Goldstein, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartgoldsteinQa(iilattnet 

,=1 .~.I By: "tJJJAY a 0JpfJ;LJf>--

stuart A Goldstein 

Attorney for Respondent 

-------------
To: Christopher R. Stevenson Page 3 of 9 2014-08-14 20:38:56 (GMT) 13054000685 From: stuart A. Goldstein 

2 

CERTIFICWE OF SERVICE _ 

I HEREBY CERTIFY that on this l'i Yday of August, 2014, the original and three 

copies of this Notice of Appeal were mailed to the Office of Administrative Law 

judges, National Transportation Safety Board, 490 L'Enfant Plaza East, S. W., Room 

4704, Washington, D. C., 20595, and that a copy was emailed to same at 

ajaappeals@ntsb.gov; and that a true and correct copy was telefaxed ( 404) 305-

5223 and mailed to Christopher R. Stevenson, Esq., Federal Aviation Administration, 

1701 Columbia Avenue, College Park, GA 30337. 

By:)~ :/kQtd~ Stuart A Goldstein 

Attorney for Respondent 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: (305) 670-1222 F: (305)400-0685 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. FAA Docket No. JO\ L\ - oc::;;coO Judge 

Jolm Walsh 

Respondent. 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On July 25,2014, Respondent, John Walsh was advised through an Order of 

Assessment that the FAA proposed to assess a civil penalty in the amount of$26,400. On 

August 14,2014, the Agency Attorney received a written request for a hearing from the 

Respondent. 

II. 

2. At no time material herein did you hold a pilot certificate, sport pilot certificate, 

mechanic certificate, or any other airman certificate. 

3. On or about September 14, 2013, you operated a civil aircraft with the registration 

markings N439VA, an M-Squared Breese 2 seaplane, on at least three flights in the vicinity of 

Islamorada, Florida. 

4. The M-Squared Breese 2 seaplane is a light sport aircraft with a special 

airworthiness certificate. 

5. There was no airworthiness certificate on board the aircraft on September 14, 

2013. 
6. On September 14, 2013, the aircraft marked as N439VA was an unregistered 

aircraft. 

7. a. Each of the above-referenced flights was a passenger-carrying operation. 

b. As to at least two of the three operations, you did not inform the passenger 

prior to the flight of the special nature of the aircraft or that it was not eligible for a standard 

airworthiness certificate. 

8. Each of the above-referenced flights was conducted for compensation or hire. 

9. During the above-referenced operations, you operated the aircraft within 500 feet 

of persons and boats. 

10. a. After landing the aircraft after one of the above-referenced flights, you 

water taxied the aircraft in close proximity of individuals on the ground, with the propeller still 

turning. 

b. The operation described in ~ 8(a) was careless or reckless, so as to 

endanger the life or property of another, independent of whether that conduct violated a Federal 

Aviation Regulation (FAR) other than § 91.13. 

11. a. At the time of the above-referenced operations, a ROT AX 582 engine was 

installed on the aircraft. 

b. The ROT AX 582 engine has approximately 38 different recurrent checks 

or inspections that must be accomplished at intervals from every 2 hours to every 300 hours, up 

to and including a complete overhaul every 300 hours. 

c. The ROTAX 582 engine installed in the aircraft reflected engine time of 

743.7 hours. 

d. No aircraft or engine maintenance records inc1icate the performance of any 

maintenance, check, or inspection on the ROT AX 582 engine installed in the aircraft. 

12. You admitted to personally performing all maintenance on the aircraft, with the 

exception of the engine overhaul. 

13. a. If you did not perform the maintenance required on the aircraft and 

engine, then it was unairworthy by reason of the non-performance of the required maintenance. 

b. If you did perform the maintenance required on the aircraft and engine, 

then it was still unairworthy because the maintenance was performed by, and the aircraft 

returned to service by, an unauthorized individual. 
14. At no time material herein were you trained or ch"Pl.;:ed in accordance with Part 

135. 

15. At no time material herein did any entity involved in the operation of the aircraft 

hold an air carrier certificate. 

16. The above-referenced operations were careless or reckless so as to endanger the 

life or property of another. 

17. a. Although you were not the holder of any airman certificate, you had a 

"Sport Pilot" certificate in the aircraft, with your name but with the certificate number of a 

different, real pilot. 

b. You made or caused to be made this reproduction of a "Sport Pilot" 

certificate for fraudulent purposes. 

c. You made or caused to be made the alteration of the "Sport Pilot" 

certificate so that it had your name on it. 

III. 

18. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 47.3(b) in that no person may operate on aircraft that is eligible for 

registration under 49 U.S.C. 44101-44104, unless the aircraft- (1) Has been registered by its 

owner; (2) Is carrying aboard the temporary authorization required by 47.31(b); or (3) Is an 

aircraft of the Armed Forces. 

b. Section 61.3(a) in that a person may not act as pilot in command or in any other 

capacity as a required pilot of a civil aircraft of U.S. registry, unless that person has a valid pilot 

certificate or special purpose pilot authorization issued under this part in that person's physical 

possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. 

c. Section 61.59(a)(3) in that no person may mal'e or cause to be made any 

reproduction for fraudulent purpose of any certificate, rating, or authorization, under this part. 

d. Section 61.59(a)(4) in that no person may ma}(e or cause to be made any 

alteration of any certificate, rating, or authorization under this part. 

e. Section 91.7(a) in that no person may operate a civil aircraft unless it is in an 

airworthy condition. 
f. Section 91.13(a) in that no person may operate an aircraft in a careless or reckless 

manner so as to endanger the life or property of another. 

g. Section 91.119( c) in that except when necessary for takeoff or landing, no person 

may operate an aircraft below an altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. 

h. Section 91.203(a)(2) in that except as provided in 91.715, no person may operate 

a civil aircraft unless it has within it an effective U.S. registration c~rtificate issued to its owner 

or, for operation within the United States, the second duplicate copy (pink) of the Aircraft 

Registration Application as provided for in 4 7.31 (b), or a registration certificate issued under the 

laws of a foreign country. 

i. Section 91.327(a) in that no person may operate an aircraft that has a special 

airworthiness certificate in the light-sport category for compensation or hire except- (1) To tow 

a glider or an unpowered ultralight vehicle in accordance with§ 91.309 of this chapter; or (2) To 

conduct flight training. 

J. Section 91.327(b)(l) in that no person may operate an aircraft that has a special 

airworthiness certificate in the light-sport category unless the aircraft is maintained by a 

certificated repairman with a light-sport aircraft maintenance rating, an appropriately rated 

mechanic, or an appropriately rated repair station in accordance with the applicable provisions of 

part 43 of this chapter and maintenance and inspection procedures developed by the aircraft 

manufacturer or a person acceptable to the FAA 

k. Section 91.327(e) in that each person operating an aircraft issued a special 

airworthiness certificate in the light-sport category must advise each person carried of the special 

nature of the aircraft and that the aircraft does not meet the airworthiness requirements for an 

aircraft issued a standard airworthiness certificate. 

I. Section 91.407(a)(l) in that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under 4 3. 7 of this chapter. 

m. Section 91.407(a)(2) in that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless the 

maintenance record entry required by 43.9 or 43.11, as applicable, of this chapter has been made. 

n. 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. 
o. 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 of the 12th calendar month before that 

service, that pilot has passed a written or oral test, given by the h.uministrator or an authorized 

check pilot, on that pilot's knowledge in the areas specified in this section. 

p. Section 135.293(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, if single-engine airplane other than turbojet, or 

that type of aircraft, if helicopter, multiengine airplane, or turbojet airplane, to determine the 

pilot's competence in practical skills and techniques in that aircraft or class of aircraft. 

q. Section 135.343 in that no certificate holder may use a person, or may any person 

serve, as a crewmember in operations under this part unless that crewmember has completed the 

appropriate initial or recurrent training phase of the training program appropriate to the type of 

operation in which the crewmember is to serve since the beginning of the 12th calendar month 

before that service. 

19. Pursuant to 49 U.S. C. Sections 4630l(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1, I 00 for each of the violations alleged. 

20. Under the facts and circumstances of this case, a civil penalty of $26,400 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$26,400. 

Respectfully submitted this \ 1f!!f" day of August, 2014. 

/.-Ye~ 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the 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 of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

John Walsh 

7196 Overseas Highway 

Marathon, FL 33050 

John Walsh 

202 Biscayne Boulevard 

Islamorada, FL 33036 

Stuart A. Goldstein, P. A. 

7300 N. Kendall Drive, Suite 380 

Miami, FL 33156-7839 

'"'-"l.lA""'s · taut 

Office ofthe Regional Counsel 

AUG 1 5 2Qli 

Dated 

(original+ 1 copy)