FAA Compliance Policy- deliberate, repeated violation = Civil Penalty, not Certificate Action

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FAA Proposes $161,500 Civil Penalty Against Redtail Air of Moab, Utah

 facts= deliberate, repeated acts

yet civil penalty- rather large

not certificate action?

This Proposed Civil Penalty does not seem to square with the FAA’s relatively new Compliance Policy.

As described below by the FAA, the air carrier here was told, at least once, that the dents on its aircraft made the Cessna 207 unairworthy. Redtail Air continued to operate the plane for 137 flights with passengers on board.

The FAA guidance indicates that cases in which a repeated deviations occur and a failure to remediate, ENFORCEMENT should follow.

A civil penalty of $161,500 levied against a company like Redtail certainly will be considered substantial by the respondent. The facts given by the FAA would seem to merit something more substantial like suspension.

It would be helpful for those who follow the Compliance Policy’s implementation and who want to learn what constitutes actions meriting certificate action. This is not a first observation about the lack of transparency on these decisions.

FAA Compliance Policy — two confusing cases; what’s up?

FAA’s proposed $892,000 sanction against Air Methods will be a Mark on the Compliance Policy Trend Graph

Since September, FAA issued $5,010,255 in civil penalties = revolt against New Compliance Policy or NOT?

Another FAA Civil Penalty Enforcement Case: what are the boundaries of Compliance Philosophy?

FAA bares its Enforcement Teeth in AeroBearings Revocation Order

Confusing Enforcement Cases may create doubts about Compliance Policy

It may be too late for Redtail Air to better understand the “holding” in this series of decisions? It may also be good public/safety policy not to define with precision where punishment starts and stops. Perhaps, clearer guidance is available internally only and that makes sense.

 

The general public is left with trying to discern what random number generator decides whether a sanction is appropriate and what level of penalty may be assessed.

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