FAA CIVIL PENALTIES AND CERTIFICATE ACTIONS
June 26, 2020
Below is a short summary of recent certificate actions taken by the FAA:
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On May 8, 2020 the FAA announced that it issued an emergency order revoking the repair station certificate of Ecolift Corporation of San Juan, Puerto Rico. The FAA alleges that Ecolift repeatedly performed aircraft maintenance work that it was not authorized to perform. The FAA also alleges that Ecolift failed to properly document maintenance, allowed an unauthorized person to sign off on approving aircraft for return to service following maintenance work, and failed to provide sufficient workspace and areas to properly segregate, identify, store and protect articles that were undergoing maintenance. Prior to discovering the above-referenced alleged violations, the FAA had identified earlier instances where Ecolift performed unauthorized maintenance work and had worked with the company to develop a corrective action plan to address this issue. However, during investigations in 2018 and 2019, the FAA notified Ecolift that it was still violating federal aviation regulations by continuing to perform unauthorized work. Ecolift has surrendered its certificate.
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On May 8, 2020, the FAA announced that it issued an emergency order revoking the aviation maintenance technical school certificate of Florida-based Boynton Beach Community High School. The FAA alleges the school, which taught airframe maintenance: i) failed to include the required 750 hours of instruction; ii) failed to maintain a list of the names and qualifications of its specialized instructors; iii) failed to maintain documentation showing it gave appropriate tests to students, and failed to maintain attendance, transcript and progress records; iv) had unusable and unsafe classrooms; and v) continued to provide instruction to students despite the failure to comply with regulatory requirements. The school has surrendered its certificate.
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On May 8, 2020, the FAA announced that it has issued an emergency order revoking the repair station certificate of Elite Aviation Services of Springdale, Arkansas. The FAA alleges Elite Aviation Services improperly installed instrument lighting, navigation, autopilot and flight control systems on a Cessna 182 airplane during maintenance work. FAA also alleged that Elite falsified maintenance records by stating it had performed this work according to specified data and required standards when it knew that was not the case. Elite is also alleged to have improperly installed cockpit lighting, luminescent light strips, a pitch trim switch and propeller and carburetor heat-control cables, and performed unauthorized modifications to the pilot subpanel structure. The improper maintenance performed by Elite rendered the aircraft un-airworthy under FAA regulations. Elite Aviation Services surrendered its certificate.
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On May 7, 2020, the FAA proposed a $1,291,621 civil penalty against the City of Chicago Department of Aviation for alleged violations of aircraft rescue and firefighting regulations. The FAA alleges that between April and August 2019, three firefighters at O’Hare were assigned to a High Reach Extendable Turret vehicle but had not completed required training on operating the turret. The FAA also alleges that one of the firefighters falsified 13 training log entries to make it appear he had completed the training. Additionally, it is alleged that a captain was assigned to a vehicle for two shifts when she had not completed required recurrent training, and that the firefighter also accessed the airfield during nine shifts when she was not properly badged or under proper escort. Finally, the FAA alleges that the Chicago Department of Aviation failed to properly maintain the required training records.
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On May 22, 2020, the FAA proposed a $67,050 civil penalty against Wing Over L.A., of Van Nuys, Calif., for allegedly violating drug and alcohol testing regulations. The FAA alleges the commercial air tour company failed to administer pre-employment drug tests and receive verified negative results for six employees between May 1, 2018 and Sept. 13, 2019. Additionally, the FAA alleges that the safety-sensitive employees performed maintenance and preventive maintenance on aircraft used for the commercial air tour operations when they were not subject to random drug and alcohol testing. Wings Over L.A. has 30 days after receiving the FAA’s enforcement letter to respond to the agency.
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On May 20, 2020, the FAA proposed a $5.89 million civil penalty against Humes McCoy Aviation of Atlanta, Ga., for conducting hundreds of allegedly illegal charter flights. The FAA alleges Humes McCoy operated a total of 270 illegal cargo flights in 2017, 2018 and 2019. The flights were illegal because the company did not have a commercial operating certificate, advertised and offered to perform operations that required such a certificate, received compensation for the flights, and used pilots who had not passed required tests and flight-competency checks, the FAA alleges. Additionally, the FAA alleges that the Humes McCoy did not have an approved pilot training program and hazardous materials training program and failed to provide initial and recurrent hazardous materials training to all its crew members, which are required for those types of operations. Finally, the FAA alleges that the 270 flights were careless or reckless so as to endanger lives or property. Humes McCoy has 30 days after receiving the FAA’s enforcement letter to respond to the agency.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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