Southern Region U.S. Department ofTransportation Office ofthe Regional Counsel Federal Aviation Administration

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 WilburWrightBuilding 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe Matter ofJohn Walsh FAA CaseNo. 2014S0190010 P.0. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECElVED AUG 202014 HEARING DOCKET

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Enclosedherewithplease find a copy ofa requestfor hearing andthe original and one copy of the Complaint inthe above-referencedproceeding. The FAArequests thatthe hearing inthis matter beheld inthe Miami, Floridaarea, and expects thatthe hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, ASO-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

### ~ j CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel EnclosuresTo: 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

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## 0 2014 

# HEARING DOCKET MICHAEL P. HUERTA, Administrator FederalAviation 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 OrderofAssessment.

StuartA 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: 

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# a 0JpfJ;LJf>-- stuartA Goldstein Attorneyfor 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'iYday ofAugust, 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., FederalAviationAdministration, 1701 Columbia Avenue, College Park, GA 30337.

# By:)~**:/kQtd~** StuartA Goldstein Attorneyfor Respondent

STUART A. GOLDSTEIN, P. A. 7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 T: (305) 670-1222 F: (305)400-0685U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. FAADocketNo.

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# oc::;;coO Judge JolmWalsh Respondent.

JUDGENOT YET ASSIGNED COMPLAINT The Federal AviationAdministration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. OnJuly 25,2014, Respondent, John Walshwas advised through an Order of Assessmentthatthe FAAproposedto assess a civilpenalty inthe amount of$26,400. On August 14,2014, the Agency Attorneyreceived a writtenrequest for a hearing from the Respondent. II. 2. At no time material herein didyouhold a pilot certificate, sportpilot certificate, mechanic certificate, or any other airman certificate. 3. Onor about September 14, 2013, you operated a civil aircraft withthe 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. Eachofthe above-referenced flights was a passenger-carrying operation. b. As to at least two ofthe three operations, you did not informthe passenger prior to the flight ofthe special nature ofthe aircraft or that it was not eligible for a standard airworthiness certificate. 8. Each ofthe above-referencedflights was conducted for compensation orhire. 9. During the above-referenced operations, you operated the aircraft within 500 feet ofpersons and boats. 10. a. After landing the aircraft after one of the above-referenced flights, you water taxied the aircraft in close proximity ofindividuals 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 ofanother, independent ofwhether that conduct violated a Federal AviationRegulation (FAR) otherthan § 91.13. 11. a. At the time ofthe above-referenced operations, a ROTAX 582 engine was installed onthe aircraft. b. The ROTAX 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 ofany maintenance, check, or inspection onthe ROT AX 582 engine installed inthe aircraft. 12. You admitted to personally performing all maintenance on the aircraft, with the exception ofthe engine overhaul. 13. a. If you did not perform the maintenance required on the aircraft and engine, thenitwas unairworthyby reason ofthe non-performance ofthe 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 returnedto 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 ofthe aircraft hold an air carrier certificate. 16. The above-referenced operations were careless or reckless so as to endanger the life or property ofanother. 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 ithad your name on it.
III. 

### 18. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations:

a. Section47.3(b) inthat no person may operate on aircraft that is eligible for registration under 49 U.S.C. 44101-44104, unless the aircraft- (1) Has beenregistered byits owner; (2) Is carrying aboard the temporary authorization required by47.31(b); or (3) Is an aircraft ofthe ArmedForces. 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 ofa civil aircraft ofU.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 ofany certificate, rating, or authorization, underthis part. d. Section 61.59(a)(4) in that no person may ma}(e or cause to be made any alteration ofany 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) inthat no person may operate an aircraft in a careless orreckless manner so as to endanger the life orproperty ofanother. g. Section 91.119(c) in that except when necessary for takeoffor landing, no person may operate an aircraft below an altitude of500 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 47.31(b), or a registration certificate issued under the laws ofa foreign country. i. Section 91.327(a) in that no person may operate an aircraft that has a special airworthiness certificate inthe light-sport category for compensation orhire except- (1) To tow a glider or an unpowered ultralight vehicle inaccordance with§ 91.309 ofthis 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 inthe light-sport category must advise each person carried ofthe special nature ofthe 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 returnto service by a person authorized under 43.7 ofthis 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 or43.11, as applicable, ofthis 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 checkpilot, onthatpilot's knowledge inthe 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 ofthe 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 inpractical skills andtechniques inthat aircraft or class ofaircraft.

q. Section 135.343 inthat 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 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. 19. Pursuantto 49 U.S.C. Sections 4630l(a)-(d), Respondent is subjectto a civil penalty notto exceed $1,I00 for each ofthe violations alleged. 20. Under the facts and circumstances ofthis case, a civil penalty of$26,400 is appropriate. WHEREFORE, the Agency, by counsel respectfullyrequests thatthe 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 ofAugust, 2014.

### /.-Ye~ CHRISTOPHERR. STEVENSON 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 Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complainthas beenmailedthis date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2WIOOO Wilbur WrightBuilding 800 Independence Avenue, SW Washington, DC 20591 John Walsh 7196 Overseas Highway Marathon, FL 33050 JohnWalsh 202 Biscayne Boulevard Islamorada, FL 33036 StuartA. 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)