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Emergency Order Of Revocation

mckpickle

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Not sure if this has been posted yet


Under 49 U.S.C. § 46105(c), the Administrator has determined that an
emergency exists related to safety in air commerce and that immediate
action to revoke your Private Pilot Certificate No. 1973530 with airplane
single engine land ratings is required. The reasons for this
determination are set forth in the paragraph below entitled
"Determination of Emergency."

Based on an investigation and all evidence presently before the
Administrator, the Administrator finds that:

1. You are the holder of Private Pilot Certificate No. 1973530
issued under part 61 of the Federal Aviation Regulations.

2. On or about May 11, 2005, you acted as pilot in command of civil
aircraft N5826G, a Cessna 150 aircraft, on a passenger-carrying visual
flight rules flight, originating from Smoketown, Pennsylvania ("the
flight").

3. You acted as pilot in command of the flight when you had not made
at least three takeoffs and three landings within the preceding 90 days.

4. Before the flight, you planned a route of flight through the
Washington DC Metropolitan Area Air Defense Identification Zone ("DC
ADIZ").

5. You used February 17, 2005, edition of the Washington sectional
aeronautical chart ("the chart") for your flight planning.

6. The chart depicts the DC ADIZ, including the Flight Restricted
Zone (FRZ), Prohibited Areas P-40 and P-56, and the Washington Tri-Area
Class B Airspace.

7. The description of the DC ADIZ on the chart states that the
airspace comprising the DC ADIZ is from the surface to, but not
including, Flight Level 180.

8. Civil aircraft N5826G is an aircraft with dual controls.

9. During the flight, you permitted the passenger to manipulate
the controls.

10. The passenger was a student pilot who, at the time of the
flight, only had approximately 30 hours of flight time and was not
endorsed for solo cross-country flight.

11. During the flight, you as pilot in command retained sole
responsibility for the safe operation of the aircraft.

12. During the flight, you failed to exercise the navigation and
communications skills needed to ensure the safe operation of the aircraft
and appropriate to the holder of a private pilot certificate.

13. Before the flight, you failed to take proper preflight action,
in that you failed to become familiar with all available information
concerning that flight, including the Notices to Airmen (NOTAMs) that
were in effect for your intended route of flight.

14. Before the flight, you failed to obtain an enroute weather
briefing.

15. You planned to use the VHF Omnidirectional Range navigation
system ("the VOR") to navigate civil aircraft N5826G during the flight.

16. The navigation plan you prepared for the flight was incorrect
for using the VOR to navigate civil aircraft N5826G on the intended
flight path.

17. Shortly after departing Smoketown, you became lost.

18. At no time after you became lost did you contact air traffic
control or a flight service station to obtain assistance to establish
your location.

19. You operated civil aircraft N5826G into the Washington Tri-Area
Class B airspace in and around the vicinity of Baltimore-Washington
International Airport.

20. You operated within the Class B airspace area when you had not
received an air traffic control clearance for operation within that area.

21. Before you operated civil aircraft N5826G within the Class B
airspace in and around the vicinity of BWI Airport, you failed to
establish two-way radio communication with the air traffic facility
providing air traffic services to that area, and as a result, you failed
to maintain two-way radio communication with the air traffic facility
while operating within the Class B airspace.

22. You operated civil aircraft N5826G into the DC ADIZ.

23. At all times mentioned in this document, FDC NOTAM 3/2126
("the NOTAM") was in effect and placed restrictions on aircraft
operations within the DC ADIZ.

24. The NOTAM prohibited operations of aircraft within the area
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.

25. Before the flight, you failed to become familiar with the
flight restrictions contained in the NOTAM pertaining to the DC ADIZ.

26. You operated civil aircraft N5826G within the areas described
in the NOTAM for the DC ADIZ and did not comply with the operating
requirements and procedures for that area.

27. A U.S. Customs Service Blackhawk helicopter and a Citation
aircraft were launched and intercepted the aircraft you were operating.

28. When you were intercepted as described in paragraph 27, you
were still unaware of your location and believed you were in the vicinity
of Prohibited Area P-40, located approximately 35-40 nautical miles from
your actual location.

29. Even after the interception as described in paragraph 27, you
continued to allow the passenger to manipulate the controls of the
aircraft and continued to operate civil aircraft N5826G farther into the
DC ADIZ and entered the Flight Restricted Zone (FRZ).

30. At all times mentioned in this document, the NOTAM was in
effect and placed restrictions on aircraft operations within the FRZ.

31. The NOTAM prohibited operations of aircraft within the FRZ, as
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.

32. Before the flight, you failed to become familiar with the
flight restrictions and procedures contained in the NOTAM pertaining to
the FRZ.

33. You operated civil aircraft N5826G within the FRZ and did not
comply with the operating requirements and procedures for that operation.

34. As you were operating civil aircraft N5826G in the FRZ, you
were intercepted by F-16 military aircraft.

35. The F-16 military aircraft fired flares in the vicinity of
civil aircraft N5826G.

36. You did not know how to respond to the military aircraft that
intercepted your aircraft.

37. Even after the F-16 aircraft fired flares, you continued to
operate civil aircraft N5826G in the FRZ.

38. After the F-16 aircraft fired flares, civil aircraft N5826G
turned to the west and you operated in a westerly direction toward
Prohibited Area P-56B.

39. Certain areas in the District of Columbia are designated as
prohibited areas with respect to the operation of aircraft therein.
These areas are captioned "P-56 District of Columbia" and the boundaries
described in detail in section 73.87 of the Federal Aviation Regulations,
14 C.F.R. § 73.87. Prohibited Area P-56 is described as comprising two
distinct areas--P-56A and P-56B, each including the altitude between the
surface and 18,000 feet MSL (mean sea level):

(a) P-56A comprises the larger and southernmost of the two, (it
includes the Lincoln Memorial, Washington Monument, White House, and U.S.
Capitol Building, among other landmarks).

(b) P-56B is located northwest of P-56A, and includes the U.S. Naval
Observatory.

40. On May 11, 2005, the United States Secret Service was the
using and controlling agency for Prohibited Area P-56.

41. You operated civil aircraft N5826G into Prohibited Area P-56B.

42. At no time prior to or during your operation of civil aircraft
N5826G, as described above, did you obtain permission from the United
States Secret Service to enter Prohibited Area P-56B.

43. As a consequence of the facts and circumstances set forth in
paragraphs 39-42, you operated civil aircraft N5826G within Prohibited
Area P-56B when you did not have permission of the using or controlling
agency to do so.

44. Notwithstanding the facts and circumstances set forth in
paragraphs 2-43, you did not take over the physical manipulation of the
controls from your passenger.

45. Based on the facts and circumstances set forth in paragraphs
2-44, you operated civil aircraft N5826G in a careless or reckless manner
so as to endanger the life or property of another.
..................................................................................
 

mckpickle

Well-known member
Joined
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Posts
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46. Your conduct in planning for and operating the flight as set
forth in paragraphs 2-45 demonstrate that you lack the care, judgment,
responsibility, and aeronautical skills required of the holder of a
private pilot certificate.

By reason of the foregoing facts and circumstances, you violated the
following Federal Aviation Regulations:

(a) Section 61.57(a) in that you acted as pilot in command of an
aircraft carrying a passenger when you had not made at least three and
three landings within the preceding 90 days.

(b) Section 91.103, in that you, as each pilot in command shall,
before beginning a flight, failed to familiarize yourself with all
available information concerning that flight.

(c) Section 91.13(a), in that you operated an aircraft in a careless
or reckless manner so as to endanger the life or property of another.

(d) Section 91.131(a)(1), in that you operated an aircraft within a
Class B airspace area when you:
(1) did not receive an ATC clearance from the ATC facility having
jurisdiction for that area before operating an aircraft in that area; and

(2) did not establish and maintain two-way radio communication with
the ATC facility providing air traffic services prior to entering that
airspace.

(e) Sections 73.83 and 91.133(a), in that you operated an aircraft
within a prohibited area when you did not have the permission of the
using or controlling agency, as appropriate.

(f) Section 91.139(c), in that when a NOTAM had been issued under
this section, you operated an aircraft, or other device governed by the
regulation concerned, within the designated airspace when you did not
comply with the authorizations, terms, and conditions prescribed in the
regulation covered by the NOTAM.

(g) Section 99.7, in that you operated an aircraft in an ADIZ or
Defense Area when, in addition to the applicable rules of this part, you
did not comply with special security instructions issued by the
Administrator in the interest of national security and that are
consistent with appropriate agreements between the FAA and the Department
of Defense.

As a result of the foregoing, the Administrator finds that you lack the
qualifications, including the care, judgment, responsibility, and
aeronautical skills required to hold any pilot certificate, including
Private Pilot Certificate No. 1973530,. She therefore has determined
that safety in air commerce or air transportation and the public interest
require the revocation of the above-mentioned certificate. The
Administrator further finds that an emergency requiring immediate action
exists with respect to safety in air commerce or air transportation.
Accordingly, this Order is effective immediately.

IT IS THEREFORE ORDERED, pursuant to the authority vested in the
Administrator by 49 USC §§ 44709 and 46105(c), that:

(1) Effective immediately, any airman pilot certificate held by you,
including your Private Pilot Certificate No. 1973530 is revoked;

(2) You must immediately surrender Private Pilot Certificate No.
1973530 to an FAA representative; and

(3) No application for a new private pilot certificate shall be
accepted from you, nor shall any such certificate be issued to you for a
period of one year from the date of service of this Order.


DETERMINATION OF EMERGENCY

Under 49 U.S.C. §46105(c) the Administrator has determined that an
emergency exists related to safety in air commerce. This determination is
based on your lack of qualification to hold a Private Pilot Certificate
because of the nature and seriousness of the violations set forth in this
order.

Your failure to properly prepare for your intended route of flight,
including plotting a course through the DC ADIZ on a current chart that
depicted the restricted airspace, demonstrates that you lack the
fundamental technical skills required of a pilot. Your further failure to
perform proper preflight action, and properly navigate and establish
necessary communications for the operation of civil aircraft N5826G in
and around the vicinity of Washington, DC on May 11, 2005, severely
compromised safety and the security of the Washington, DC area. You lost
situational awareness throughout the flight, and as a result, operated
within restricted and prohibited airspace without complying with the
necessary requirements and authorization to do so.

Even after you operated into the ADIZ and were intercepted by a U.S.
Customs Blackhawk helicopter, you continued further into the ADIZ and
penetrated the FRZ and P-56B without any authorization to do so. This
resulted in your operating civil aircraft N5826G within close proximity
to the White House, and U.S. Capitol, and Vice President's residence. It
was only after you were intercepted by F-16 aircraft, which fired flares,
that you stopped your course of flight and were escorted to a landing in
Frederick, Maryland. At no time during any of these events did you
exercise the judgment to take physical control or command of the aircraft
from your inexpericied passenger.

Your operation of civil aircraft N5826G under these circumstances
demonstrates either a complete disregard or lack of understanding of
basic requirements for the safe operation of aircraft. These failures
establish that you lack the qualifications necessary to hold an airman
certificate.

The Administrator therefore finds that your actions reflect an emergency
related to safety in air commerce. This determination reflects the
Administrator's judgment that a pilot, who has shown himself to be either
unwilling or unable to comply with regulatory requirements involving
safety of flight, as described above, constitutes an unacceptable risk to
safety in air commerce. Accordingly, the Administrator has determined,
in protection of the public, that safety in air commerce and the public
interest require the immediate revocation of your Private Pilot
Certificate No. 1973530 on an emergency basis.

In conclusion, the Administrator has determined that under the criteria
of FAA Order 2150.3A, paragraph 206.c. (pages 25-26 of Chapter 2) your
conduct as alleged in this order demonstrates that you presently lack the
degree of care, judgment, and responsibility required of a certificate
holder. The Administrator therefore finds in accordance with 49 U.S.C.
§46105(c) and the guidance found in FAA Order 2150.3A paragraphs 206.d.
(pages 26-27 of Chapter 2) and 1202.h. (pages 144-145 of Chapter 12) that
the exercise of the privileges of your certificate while any proceedings
related to the issuance of this Order are pending is contrary to the
interest of safety in air commerce. You may appeal from this Order in
accordance with the appeal procedures set forth below.




Peter J. Lynch
Assistant Chief Counsel for Enforcement
 

wmuflyguy

flunky
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No, it was revoked. Meaning he doesn't have it anymore.


He can however retake the written and checkride after 1 year and try to get it again. However, if I were him i would call it quits.
 

9GClub

Well-known member
Joined
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Posts
325
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wmuflyguy said:
No, it was revoked. Meaning he doesn't have it anymore.


He can however retake the written and checkride after 1 year and try to get it again. However, if I were him i would call it quits.

No that's what I mean..... it's "revoked" but he can reapply in a year. I'd probably call it quits too, but in reality it's a slap on the wrist. Revocation, to me at least, connotes a relatively permanent phenomenon.

Now I feel a lot better about getting comfy with that FRZ......

(That was a joke.)
 

wmuflyguy

flunky
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Posts
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Ok, I understand ya now.

I mean having to go back and get all the endorsements again is a giant pain in the arse. Though i agree, he has no business in an airplane
 

mattpilot

Finally! Graphical TFRs!!
Joined
Sep 30, 2003
Posts
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wmuflyguy said:
Ok, I understand ya now.

I mean having to go back and get all the endorsements again is a giant pain in the arse. Though i agree, he has no business in an airplane

He can use the hours he already has. All he needs for the practical test is 3 hours within the last 60 days.
 

COEX-FO

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MckPickel,

I saw a very similar letter the other day on the CP desk! Had your name on it! Wonder if you should be concerned?
 

chperplt

Registered User
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.
Actually... He can reapply in 6 months.. His lawyers got the FAA to reduce the 1 year to 6 months if he didn't appeal..
 

FN FAL

Freight Dawgs Rule
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chperplt said:
Actually... He can reapply in 6 months.. His lawyers got the FAA to reduce the 1 year to 6 months if he didn't appeal..
Now that's appealing.
 

wmuflyguy

flunky
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Posts
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mattpilot said:
He can use the hours he already has. All he needs for the practical test is 3 hours within the last 60 days.


Yup, I know.

But as a CFI would you sign this guy off after 3 hours? I highly doubt it. He will have a hard time getting a CFI to take the risk to sign him off after this.
 

mckpickle

Well-known member
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COEX-FO said:
MckPickel,

I saw a very similar letter the other day on the CP desk! Had your name on it! Wonder if you should be concerned?


WHOOOO-HOOOOO vacation!
 

fxbat

Sir Airworthiness
Joined
Apr 20, 2002
Posts
156
Total Time
Enough
“Read on SCAB it's the guy that busted the DC prohibited airspace”

Why do you have to be a d*ck ?
 

mckpickle

Well-known member
Joined
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Posts
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fxbat said:
“Read on SCAB it's the guy that busted the DC prohibited airspace”

Why do you have to be a d*ck ?


Why....um read some of his posts. He's a SCAB. He helped to ruin others lives and he's proud of it. So should we reward him with kindness for his insulence?
 

PCL_128

Well-known member
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mckpickle said:
Why....um read some of his posts. He's a SCAB. He helped to ruin others lives and he's proud of it. So should we reward him with kindness for his insulence?

At least somebody still has some common sense.
 

FrenchTickler

Eating Cheese
Joined
Jun 15, 2005
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wmuflyguy said:
Ok, I understand ya now.

I mean having to go back and get all the endorsements again is a giant pain in the arse. Though i agree, he has no business in an airplane

Everything will be ok, he'll just apply to GIA and they will train him the "right way"
 

9GClub

Well-known member
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Posts
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mckpickle said:
insulence?

Spellchecker.....





Let's be nice boys and girls. The house on which a C150 falls after being popped by a Viper in the ADIZ could be your own......
 
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