### Date: July 15, 2013

Reference: 2012EA680047 24/7 CharterDispatch Customer Service 866.824.9394 

### Jetlogistics.us scheduling@Jetlogistics.us



### Defendant, Jet Logistics, Inc., hereby notifies the United States Department of Transportation, Office of Hearings, and the Complainant, that is shall be represented by it's President listed below. All communications, notices, pleadings, or documents are respectfully requested to be forwarded as follows:

W. Ashley SmithJr. President Jet Logistics, Inc. 5400 Airport Drive Charlotte, NC 28208 Telephone: 919-840-0555 Fax: 919-840-0554 Email:**A.~hjcy@**

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### etiQgiO>ti£"'1lS



### Respectfully submitted,

W. Ashley Smith Jr. President

FAAAIR CARRIER #ZP7A427J 

# RECEIVED
JUL 

## 182013 HEARING DOCKET

PAGE f OF 1

FAA CRS #R40R880N 

### JetLiiCJrgistics

TECHNIC"L SERVICESJuly 15, 2013

CERTIFIED MAIL- RETURN RECEIPT REQUESTED

Federal AviationAdministration 800 Independence Avenue, S.W. Attn: Hearing Docket Clerk, AGC-430 WilburWrightBuilding- Room 2014 Washington, DC 20591

Reference: 2012EA680047 24/7 CharterDispatch Customer Service 866.824.9394 Jetlogistics.us scheduling@Jetlogistics.us

The following is the response from Jet Logistics, Inc., to the Complaint filed by the Federal Aviation Administration against Jet Logistics in the matter of2012EA680047. These items are listed inthe same order as the Complainanthas listedin its Complaint.

1. Respondent agrees. 2. Respondent agrees. 3. Respondent agrees. 4. Respondent agrees. 5. Respondent agrees. 6. Respondent agrees. 7. Respondent agrees. 8. Respondent agrees. 9. Respondent agrees. 10. Respondent agrees. 11. Respondent agrees, butwith mitigating circumstances. 12. Respondent disagrees that it knowingly operated the flight in question in violation ofit's Operations Specifications. 13. Respondent disagrees that it knowingly operated the flight in question in violation ofit's Operations Specifications. 14. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(l). Mr. Dill was given a written exam to whichhe successfullypassed. 15. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(4). Mr. Dill was given a written exam to whichhe successfullypassed. 16. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(5). Mr. Dill was given awritten examto which he successfullypassed.

PAGE 1 OF 3

FAA AIRCARRIER #ZP7A427J FAA CRS #R40R880N 

### JetU/)1gistics

T<CHNICJ\L SERVICES17. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(6). Mr. Dill was given a written examto which he successfullypassed. 18. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(7). Mr. Dillwas given a written examto whichhe successfullypassed. 19. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(8). Mr. Dillwas given awritten examto whichhe successfullypassed. 20. Respondent disagrees that Luis Rios did not receive a checkunder Section 135.293(a)(l). Mr. Rios was given a written examto which he successfullypassed. 21. Respondent disagrees that Luis Rios did notreceive a checkunder Section 135.293(a)(l). Mr. Rios was given a written examto which he successfullypassed. 22. Respondent disagrees that Luis Rios did not receive a checkunder Section 135.293(a)(4). Mr. Rios was given a written exam to whichhe successfullypassed. 23. Respondent disagrees that Luis Rios did not receive a checkunder Section 135.293(a)(5). Mr. Rios was given awritten exam to which he successfullypassed. 24. Respondent disagrees that Luis Rios did notreceive a checkunder Section 135.293(a)(6). Mr. Rios was given a written examto whichhe successfullypassed. 25. Respondent disagrees that Luis Rios did notreceive a check under Section 135.293(a)(7). Mr. Rios was given a written examto which he successfullypassed. 26. Respondent disagrees that Luis Rios did not receive a checkunder Section 135.293(a)(8). Mr. Rios was given a written exam to whichhe successfullypassed. 27. Respondent disagrees that Robin Dill did not receive a check under Section 135.293(a)(l), and 135.293(a)(4-8). Mr. Dill was given a written exam to which he successfully passed. 28. Respondent disagrees that Luis Rios did not receive a checkunder Section 135.293(a)(l), and 135.293(a)(4-8). Mr. Rios was given a written exam to which he successfully passed. 29. Respondent disagrees that the aircraft was operated in a careless or reckless manner, and at no time was any life or property in danger.

a. Respondent disagrees thatthe aircraft was operated in contradictionto 91.13(a). b. Respondent agrees that the flight in question was operated m violation of Section 119.5(g), butwith mitigating circumstances.
c. Respondent agrees that the flight in question was operated m violation of Section 119.50),butwith mitigating circumstances. d. Respondent agrees that the flight in question was operated m violation of Section 119.5(1), but with mitigating circumstances.
e. Respondent disagrees that it violated Section 135.95(b) as both pilots were qualified to perform the services for whichthe persons were to be used. f. Respondent disagrees that it violated Section 135.95(a) as both pilots were qualified to performthe services for whichthe persons were to be used. g. Respondent disagrees that it violated Section 135.343 as both pilots had been given the required training in accordance with it's FAA approved training program, and documented as such.

PAGE 2. OF .3

FAAAIR CARRIER #ZP7A427J FAA CRS #R40R880N

TECHNICAl SERVICESJet Logistics, Inc. does not feel the proposed civil penalty in the amount of $40,000 has been properly assessed by the Complainant, nor is it fair andjust given the violations that occurred and the mitigating circumstances that were not given any weightbythe Complainant.
Further, Complainant was provided financial proofthat a fine ofthe proposed amount was not financially viable for Respondent, and Complainant ignored such data. A copy of that financial data is enclosed. Therefore Jet Logistics, Inc. respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of$1000.

Respectfully submitted,

W. Ashley Smith Jr. President JetLogistics, Inc.

FAAAIR CARRIER#ZP7A427J FAA CRS #R40R880N 

### JetL@;gistics

TECHNICAL**SE~IIICES**