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.
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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