Pat Osborne Daily v. Langhorne M. Bond, Administrator, F.A.A.

Pat Osborne Daily petitions for review of an order which suspended his pilot certificate issued by the National Transportation Safety Board (NTSB) after an airplane, which he was attempting to start, caught fire.

The Federal Aviation Administration (FAA) charged that Daily had violated 14 C.F.R. § 91.9 by operating (attempting to start) the aircraft in a careless or reckless manner, and 14 C.F.R. § 91.29 (a) by operating (attempting to start) an aircraft which was not in an airworthy condition. The FAA suspended his certificate. The administrative law judge, on appeal, set aside the suspension order because he found that the FAA had failed to establish that Daily had “operated” the plane, within the meaning of the regulations. The NTSB reversed the administrative law judge and reinstated the suspension order. The petition presents three issues:

(1) Does attempting to start mean “operating”?

(2) Is there substantial evidence to support the NTSB’s findings that Daily violated §§ 91.9 and 91.29(a)?

(3) Are the regulations unconstitutionally vague?

I. "Operating”

Daily argues that he did not violate § 91.9 because he did not operate the plane. The administrative law judge’s…