Richard Essery v. Department of Transportation, National Transportation Safety Board Federal Aviation Administration

Essery petitions for review the revocation of his commercial pilot certificate by the National Transportation Safety Board (NTSB). The Federal Aviation Administration (FAA) revoked the certificate after finding that Essery violated FAA regulations in two incidents: (1) towing a banner over San Diego by plane and (2) delivering a Santa Claus to a downtown San Diego intersection by helicopter. Administrative Law Judge Davis held an evidentiary hearing, after which he agreed that Essery had violated FAA regulations, but found the revocation sanction too severe. He imposed a 120-day suspension sanction. On appeal the NTSB reinstated the revocation sanction. We affirm the determination that Essery violated FAA regulations in the two incidents, and reverse the revocation sanction and reinstate the 120-day suspension.

FACTUAL AND PROCEDURAL BACKGROUND

Essery is a professional pilot and the holder of a commercial pilot certificate. He has been a pilot for nearly twenty years and has logged nearly 7,000 hours of flight time in various types of aircraft. Prior to these proceedings his flying record was violation free. Essery derives his livelihood from his one-half interest in Volar…