U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

MICHAEL P. HUERTA, Administrator, 

Federal. Ayiation Administration,. 

Complainant, r ; \ ' i'. I!' C' '' 

RECEIVED 

JAN 1 7 21ll4 

HEARING DOCKET 

Docket No. FAA-2013-0045 

vs. FAA Case No. 2009S0150216 

Honorable J.E. Sullivan 

WORLDWJI)E AIRCRAFT SERVICES, INC. 1 · ' • • ' • 

Respondent. , .. ,, 

COMPLAINANT'S MOTION'iN LIMINE 

COMES NOW the Complainant, by and through the undersigned counsel, and pursuant to 

14 C.F.R. 13.218, hereby moves for an Order (1) deemihg ·certain responses, statements, and/or 

admissions by the Respondent as fact, and/or (2) precluding the Respondent from presenting 

evidence against or arguing contrary to certain responses, statements, and/or admissions made by 

the Respondent. 

: In support of this motion, the Complainant submits the following: 

I. 

On June 27, 2013, the Complainant propounded his First Set of Discovery Requests to the 

Respondent, including Interrogatories, Requests for Production, and Requests for Admission. 

II. 

On September 6, 2013, and December 4, 2013, the Respondent provided the following 

responses to the Complainant's Interrogatories and Requests for Production: 
a. Administrator's Interrogatory No. 6: Do you dispute Brandon Plas' June 8, 2009, 

statement to Robert Donahue? If so please provide the specific facts which you 

dispute and why. (This statement was provided to you on or about June 22, 2011, 

as part of the releasable portions of the Enforcement Investigative Report). 

Response: "None." 

b. Administrator's Interrogatory No. 7: Do you dispute Eric Price's June 5, 2009, 

statement to Robert Donahue? If so please provide the specific facts which you 

dispute and why. (This statement was provided to you on or about June 22, 2011, 

as part of the releasable portions of the Enforcement Investigative Report). 

Response: "None." 

c. Administrator's Request for Production No.7: If you allege that you are financially 

unable to pay the proposed $12,375 penalty, submit fmancial statements and 

balance sheets for the previous three (3) years, prepared and certified by an 

accountant. Alternatively, you may submit complete company tax returns, 

including all relevant schedules, for the above-mentioned years. 

Response: "Not applicable." 

III. 

The statements of (crewmembers) Captain Brandon Plas and Second-in-Command Eric 

Price are attached as Government Exhibit 1 and Government Exhibit 2, respectively. The 

statements of Brandon Plas and Eric Price are relevant in that their statements establish that a 

GPU on N90LJ was damaged, that the crewmembers were aware of the damaged GPU, and that 

the damage was not documented on an Aircraft Discrepancy F orrn. These facts form the basis of 

the allegations contained in paragraphs 4, 7, and 8 of the Complaint. 

IV. 

On September 6, 2013, and December 4, 2013, the Respondent provided the following 

responses to the Complainant's Requests for Admission: 

a. Administrator's Request for Admission No. 1: At all times material herein 

Worldwide Aircraft Services, Inc. (hereinafter "Worldwide") was and is now the 

holder of Air Carrier Certificate No. W50A880L. 

Response: "Admits to the allegations of Request 1." 

b. Administrator's Request for Admission No. 2: On or about May 3, 2009, 

Worldwide operated civil aircraft N90LJ, a Learjet 25D, on a flight from TDPD 

2 
to MY AM (hereinafter "Flight"), under Part 13 5 of the Federal Aviation 

Regulations. 

Response: "Admits to the allegations of Request 2." 

c. Administrator's Request for Admission No. 4: Worldwide's General Operations 

Manual, Section E-3, states the following: 

The Aircraft Discrepancy Form (MX -02) is a duplicate sheet. 

Upon the discovery of a mechanical discrepancy the Aircraft 

Discrepancy Form will be completed and left in the aircraft 

maintenance log. The person completing this form will be 

expected to notify the Director of Maintenance immediately. A 

company approved mechanic will clear the discrepancy either by 

deferring or repairing the item. The mechanic will then complete 

the Aircraft Discrepancy Form. The top (white) copy will become 

part of the aircraft permanent maintenance record and the bottom 

cardboard copy will remain with the aircraft for a minimum of 

thirty days. 

Response: "Admits to the allegations of Request 4." 

d. Administrator's Request for Admission No. 5: Worldwide's General Operations 

Manual, Section F-1, states the following: 

The pilot in command is required to report to the Director of 

Maintenance, :n the space provided on the Aircraft Discrepancy 

Form (MX-02), any mechanical irregularities that come to the 

pilot's attention before, during, and after the completion of any 

flight. All entries must be accomplished before the pilot in 

command releases the aircraft from a specific flight. Before each 

flight, the pilot in command will determine the status of each 

irregularity entered in the Aircraft Discrepancy Form (MX-02) at 

the end of the preceding flight. A copy of this form will remain 

with the aircraft in the aircraft maintenance log (see E-1 ). 

Response: "Admits to the allegations of Request 5." 

e. Administrator's Request for Admission No. 12: The flight crew operating 

N90LJ on a flight departing BKV on May 3, 2009, taxied and took-off 

from BKV without first disconnecting the Ground Power Unit (GPU) 

cable from the N90LJ. 

Response: "Admits to the allegations of Request 12." 

f. Administrator's Request for Admission No. 15: On May 20, 2009, maintenance 

was performed on N90LJ; specifically, the GPU receptacle was replaced. 

Response: "Admits to the allegations of Request 15." 

3 
g. Administrator's Request for Admission No. 16: On May 20, 2009, maintenance 

was performed on N90LJ; specifically, GPU mounting brackets were replaced. 

Response: "Admits to the allegations of Request 16." 

h. Administrator's Request for Admission No. 17: On May 20, 2009, maintenance 

was performed on N90LJ; specifically, the area 

aft/below the GPU receptacle was reworked, 2024-T3 .040 double and filler was 

installed. 

Response: "Admits to the allegations of Request 17." 

v. 

The Respondent's admissions to the Administrator's Requests for Admissions Nos. 1, 2, 4, 

and 5 are relevant in that the admissions affirm the facts alleged in paragraphs 2, 3, 5, and 6 of the 

Complaint. The Respondent's admissions to the Administrator's Requests for Admissions Nos. 12, 

15, 16, and 17 are relevant in that the admissions support the allegations contained in paragraphs 3 

and 10 of the Complaint; specifically, that the Ground Power Unit ("GPU") was damaged when the 

crewmembers taxied N90LJ and took-off from BKV without first disconnecting the GPU cable 

from N90LJ. 

VI. 

WHERFORE, the Complainant request that ar. Order be issued (1) deeming the abovereferenced responses, statements, and/or admissions by the Respondent as fact, and/or (2) 

precluding the Respondent from presenting evidence against or arguing contrary to the abovereferenced responses, statements, and/or admissions. 

Submitte~ 

1 i I I 

I" /J 

+-day of //U/l1A-''d'4 /;-2014. 

L·- ..... -.. -...... __ 'I y 

,rJ 

WILLiAM VINES 

Attorney 

Office of the Regional Counsel 

4 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date sent the Administrator's First Set of Discovery Requests via 

certified mail to: 

Federal Aviation Administration (by certified mail .~1\1'1 l 0 2014) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20, Room E12-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor 

Washington, DC 20590 

Facsimile: (202) 366-7536 

Michael A Honeycutt 

Worldwide Aircraft Services, Inc. 

c/o JET I.C.U. 

2561 Rescue Way 

Brooksville, Florida 34604 

TEL: ~-796-2540 

FAX;: ~-796-2549 l 1 · • r (\ 

):} f-V!-l,.( u .. \~ 

Jerry Jennings (J f 

Legal Assistant 

Office of the Regional Counsel 

':JAN 1 0 2014 

Date 

5 

(by facsimile Vev 1 I 1/1 f" ) 

(by certified mail JAN 1 0 2014) 

(by facsimile w fiV I /'iII r ) 

(by certified mail _JMI 1' 0 2004) 
June 8, 2009 

Robert B. Donahue 

Operations Inspector 

Mr. Donahue, 

The following is a briefing/statement on the flight ofN90LJ on the 3'd of May, 2009: 

On the 2"d of May, 2009, Brandon Plas (PIC) and Eric Price (SIC) where dispatched for a 

flight the following morning at 0400/0800z. N90L.T was the aircraft assigned. 

The airplane was fueled on May 2"d, 2009 by the D.O. Michael Honeycutt because of the 

early depatture time. During fueling a GPU was used to transfer fuel to the trunk of the 

aircraft for the morning's flight. After fueling, the aircraft batteries and GPU where both 

shut down. 

The assigned flight crew arrived at the airport at 0330/0730z on May 3'd. 2009. The PIC 

filed the day's flight plans, checked the weather and NOTAMS for the route. (KBKVTJSJ- TDPD- MY AM- CYYZ) The SIC loaded the aircraft and conducted the preflight. The SIC turned on the power inverter inside the hangar and then turned on the 

GPU to supply power to the aircraft for his pre-flight check. 

When all the pre-flight items were completed both the PIC and SIC entered the cockpit 

for engine start. The right engine was started with the electrical aid of the GPU. The SIC 

who was sitting left seat and would be flying the first leg of the day started the engine. 

After engine start the PIC exited the aircraft to disconnect the GPU and tum off the 

power inverter which is located inside the hanger. 

The PIC turned off the GPU and ran inside to tum off the power inverter, but forgot to 

disconnect the GPU from the aircraft. 

When the PIC re-entered the cockpit the left engine was started. With both engines 

running the PIC told the SIC to begin taxiing to nmway 27. (On the morning of May 3'd, 

2009 KBKV was VFR with calm winds.) The appropriate checklists were completed and 

N90L.T departed runway 27 with the SIC flying at 0412/0812z. The takeoff was normal 

and nothing abnom1al was felt by the PIC. 

The flight ofN90LJ continued to TJSJ for a fuel stop. Upon arriving in T.TS.T, a GPU was 

com1ected and the aircraft was fueled, both by a lineman. The fuel stop was normal and 

the flight departed TJS.T at l142z bound for TDPD where the passenger would be picked 

GOVERNMENT 

EXHIBIT 

j.-
up. N90LJ arrived in TDPD at 1236z and again had a lineman hook up a GPU and fuel 

the aircraft. 

N90LJ departed TDPD at 1348z with I passenger enroute to CYYZ, with another fuel 

stop in MY AM. The flight was again normal and uneventful, landing at MY AM at 

1700z. 

After landing at MY AM, fuel and a GPU were requested. The lineman tried to com1ect 

the GPU and was having trouble, so the PIC attempted to assist him. When the PIC tried 

and failed to plug in the GPU he noticed that the pins were bent and that that was not 

allowing the GPU plug into the aircraft. The PIC then realized that he had never 

unplugged the GPU at the start of the day. 

The PIC then called the D.O. and described what had happened and discussed what to do. 

It was decided by the PIC and the D.O. that the flight could be continued safely. The SIC 

was informed of the situation and agreed. No write up was completed by the PIC at this 

time because of the GPU outlet working properly at the previous two stops, would later 

be checked again and be functional. 

N90LJ was started off the batteries in MYAM and departed at 1806z. Again, the flight to 

CYYZ was normal and uneventful, arriving at 2054. Upon arrival the passenger was 

escorted into the FBO. 

After the passenger was on his way, the PIC requested a GPU be plugged into the aircraft 

to see if the same problem would arise. The GPU plugged into the aircraft and worked 

fine. The aircraft was secured and the PIC and SIC went off duty. 

Brandon Plas 

Worldwide Aircraft Services Inc. 
June 5, 2009 

Robert Donahue 

Federal Aviation Administration 

Operations Inspector 

Dear Mr. Donahue, 

Let this be a record of my account of the events that happened on May 3, 2009. Brandon 

Plas and I had been notified about a flight the previous day. We were to depart 

Brooksville early in the morning to pickup in Dominica and drop off in Toronto. The plan 

was to stop in San Juan and Marsh Harbor for refueling procedures. 

The morning started out normal. Brandon performed the duties of captain and I 

perfonned the duties of second in command such as programming the GPS and packing 

the cooler. I was also assigned to and perform the preflight inspection of the aircraft using 

a flashlight. Because no one was available to pull the GPU plug and tum off the power to 

the GPU, we started one engine before Brandon exited the aircraft and walked around the 

right side of the aircraft to disable to GPU. It is my assumption that he then proceeded 

into the hangar to turn off the phase converter. Mr. Plas was outside my viewing area. As 

the pilot in the aircraft, I was under the indication the GPU had been disconnected when I 

saw the voltage drop on the DC ammeter. The rest of the day proceeded as nom1al until 

we were on the ground in Marsh Harbor. 

Mr. Plas was approached by a line crew personnel in Marsh Harbor about problems 

connecting the GPU. He was unable to connect the GPU and discussed with me that we 

might have taxied the airplane with the GPU cmmected because the GPU receptacle pin 

was bent. He then called the director of operations to explain what he fmmd. We started 

the airplane and continued on without the use of ground power. 

As a result of what happened, I believe all operations involving a pilot manually 

disconnecting the GPU should include a procedure once both pilots are in the cockpit and 

the door is sealed, prior to taxi. The pilot who was inside the airplane should challenge 

the pilot who was outside the airplane with, "Is the GPU discom1ected~'' Before taxing 

out the pilot who was responsible for discmmecting the GPU should answer, "Yes, the 

GPU is disconnected." This challenge response format has been used throughout the 

history of aviation and although it is not a procedure in our Lemjet checklist it should be 

added and included to all checklists where no cockpit lights are present to warn the pilots 

of an airplane/GPU com1ection. 

Sincerely, 

L~-e~ Eric Price 

Worldwide Aircraft Services. Inc. D/B/A Jet l.C.U. 

~GOVERNMENT 

~ ·EXHIBIT i 

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