U.S. Department 

of Transportation 

Federal Aviation 

A~f~2°~012 

Eastern Region 

Regional, Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

FIRST CLASS MAIL AND TELEF AX (202)366-7536 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (£11-310) 

Washington, DC 20590 

1 Aviation Plaza 

Jamaica, NY 11434 

Re: In the Matter ofHeloair, Inc.Docket No. FAA-2012;.0472, Case No. 2011-EA210081 

Dear Judge Sullivan: 

Enclosed herein please find a copy of the F AAis Second Amended Complaint in the 

above-entitled action for filing, together with proof of service upon the Respondent. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Attorney 

Enclosures 

cc: John G. Butler, III, Esq., SANDS ANDERSON PC, Bank of America Center, 

111 East Main Street, Suite 2400, Richmond, VA, FAX: 804-783-2391 (via fax and 

. first class mail) 
cc: Federal Aviation Administration, 800 Independence Avenue, SW, Washington,. 

DC 20591, Attn: Hearing Docket Clerk, AGC.A30, Wilbur Wright Building-Suite 

2W10000 (via first class mail) 

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··~·?: 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter ofHeloair, Inc. 

Docket No. FAA-2012-0472, Case No. 2011-EA-210081 

SECOND AMENDED COMPLAINT 

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

Complaint, pursuant to Rule 13.214(b)(1) of the Rules of Practice (14 C.P.R. I 

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13 . .208), and states as follows: I 

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Respondent, Heloair, Inc., was advised through a Final Notice of Proposed Civil "'' ~ 

Penalty that the FAA proposed to assess a civil penalty in the amount of $33,000. 

On May 9, 2012, Respondent submitted a written demand for a hearing. 

II 

1. At all times relevant herein, Heloair, Inc. (hereinafter "Heloair") was 

the holder ofPart 135 Air Carrier Certificate No. RW8A341W. 

2. At all times relevantherein, Heloair, Inc., maintained and operated a 

Bell 427 aircraft, identification number N7NU (hereinafter "the 

aircraft"). 

3. At all times relevant herein, the aircraft had installed in it a Garmin 

GPS 496. 

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""-. e 
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·' 4. The Garmin GPS 496 was a portable electronic device. 

5. On or about July 20, 2011, inspectors of the Federal Aviation 

Administration (FAA) performed an inspection of the aircraft and 

the records associated with the aircraft at Heloair' s principal base of 

operations in Richmond, VA (hereinafter "the inspection"). 

6. Incident to the inspection, the FAA inspectors discovered that the 

wiring associated with the installation of the Gannin GPS 496 had 

not been tested in accordance with 14 CFR Section 27.1365(c). 

7. Incident to the inspection, the FAA inspectors discovered that the 

Garmin GPS 496 had not been tested to determine that it would not 

cause interference with the navigation or communication system of 

the aircraft on which it would be used 

8. Incident to the inspection, the FAA inspectors discovered that the 

Garmin GPS 496 was installed with unapproved wiring. 

9. By virtue of the allegation set forth in Paragraphs (6) through (8), 

above, the aircraft was not in an airworthy condition. 

10. Incident to the inspection, on or about July 20, 2011, the FAA 

inspectors advised Heloair of their findings set forth in Paragraphs 

(6) through (8), above, and advised Heloair that installation of the 

Garmin GPS 496 may be contrary to the Federal Aviation 

Regulations. 

11. Notwithstanding the above, Heloair released the aircraft for return to 

service when the aircraft was not in an airworthy condition for the 

reasons set forth above. 

12. On or about August 6, 2011, Heloair operated the aircraft on two 

flights, from Richmond, VA to Irving, VA, and return (hereinafter 

"the flights"). 

"'' ~ 

13. During the flights, the aircraft was in an unairworthy condition, as ""' e 

described above. 

III 

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

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J' following sections of the Federal Aviation Regulations: 

a. Section 91.7(a), which states that no person may operate a civil 

aircraft unless it is in an airworthy condition. 

b. Section 91.21(a)(l), which states that no person may operate, nor 

may any operator or pilot in command of an aircraft allow the 

operation of, any portable electronic device operated by a holder of 

an air carrier certificate or an operating certificate. 

IV 

Pursuant to 49 U.S.C. §46301(a)(l), Respondent is subject to a civil penalty not to 

exceed $25,000 for each of the violations alleged, or, for a small business concern, 

pursuant to 49 U.S.C. §46301(a)(5), Respondent is subjeCt to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $22,000 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

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in the amount of$22,000. 

Respectfully submitted, 

Alfred R; Johnson, Jr. 

Regional Counsel 

By: 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

Date: October 11, 2012 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). .,.~ 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Second Amended Complaint has been sent this"''! 

date via first class mail and telefax to the following: 

John G. Butler, III, Esq. 

SANDS ANDERSON, PC 

Babank of America Center 

1111 East Main Street, Suite 2400 

Richmond, VA 23219 

FAX: (804)783-7291 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department ofTransportatation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

FAX: (2020)366-7536 

I hereby certify that the foregoing Second Amended Complaint has been sent this 

'L2'e: date via first class mail to the following: · 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

Date: M /. /~. ~0/::L ~k L1 ooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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