Dennis Howard v. Federal Aviation Administration National Transportation Safety Board
Opinion
Opinion
Petitioner Dennis F. Howard (“Petitioner”) seeks review of the order of the National Transportation Safety Board (NTSB) affirming the decision of the Administrative Law Judge (ALJ), which affirmed and modified the FAA administrator’s decision temporarily suspending Howard’s commercial pilot certificate. We have jurisdiction under 49 U.S.C.App. § 1486(a) (1988), and we deny the petition for review.
Facts and Proceedings Below
On March 23, 1987, Petitioner landed a Bell B206 helicopter at Dubois-Jefferson county airport in Pennsylvania. The airport was operating under Instrument Flight Rules (IFR) when Petitioner arrived. Instrument Flight Rules prevail when weather conditions make approach via Visual Flight Rules (VFR) unsafe.
Although the IFR beacon was on when Petitioner made his approach, he nevertheless landed under VFR without obtaining a clearance from air traffic control. Both parties agree that Petitioner did not make radio contact with the flight service specialist on duty (Mr. Roger Whitney), although Petitioner claims he attempted to make such contact at least three times but received no response.