Ferguson

MEMORANDUM *

John Wayne Ferguson (“Ferguson”) appeals the National Transportation Safety Board’s decision upholding the Federal Aviation Administration’s (“FAA”) suspension of his Airline Transport Pilot (“ATP”) Certificate. We have jurisdiction under 49 U.S.C. §§ 1153 , 44709(f) and 46110(a). We vacate and remand to the National Transportation Safety Board.

The FAA ordered a 90-day suspension of Ferguson’s ATP Certificate for alleged violations of Federal Aviation Regulations 14 C.F.R. §§ 135.293 (a), 135.293(b), 135.299(b), and 91.13(a). We recite the facts only as needed to explain our decision. Ferguson appealed to an Administrative Law Judge (“ALJ”) who upheld the FAA’s suspension order but reduced it to 85 days.

During the hearing before the ALJ, the FAA called an expert witness, Richard Conte (“Conte”), an FAA Aviation Safety Inspector. When asked for his opinion, Conte testified that the flights Ferguson operated on June 26, 2005, were flights “for compensation or hire” under 14 C.F.R § 135. The ALJ curtailed Ferguson’s cross-examination of Conte regarding the bases for his opinion, barring or limiting Ferguson’s attempts to inquire into Conte’s understanding of “for…