Wed, Sep 15, 2004
Pilot-Mechanic Cleared Of Wrongdoing In Air East Lear
Accident
This sort of thing just
doesn't happen very often. Last week. NTSB Law Judge William R.
Mullins reversed an Emergency Order of Revocation issued by the FAA
against Michael Tarascio, owner and former Chief Pilot of Air East
Management, a charter carrier based in Long Island (NY). The FAA
wanted to pull Tarascio's Airline Transport Pilot and Airframe
& Powerplant mechanic certificates.
After the crash of an Air East LearJet on August 4, 2003, the
NTSB determined that the accident was caused by the copilot's
retraction of the flaps during low altitude maneuvering, resulting
in the inadvertent stall and in-flight collision with a home. The
aircraft did not have any mechanical irregularities, according to
the NTSB. Six months following the crash, the FAA conducted a
two-day on site records inspection at Air East. Although unrelated
to the crash, the FAA grounded the charter company on March 8,
2004, alleging inadequate record keeping.
Five months after grounding the airline, the FAA wrongfully
accused Tarascio of making fraudulent or intentionally false
entries in Air East aircraft maintenance records. On August 10,
2004, the FAA issued an Emergency Order seeking revocation
Tarascio's pilot and mechanic certificates.
During the emergency
hearing on September 9, Tarascio's attorney, Gregory Winton, moved
for dismissal of the allegations and a reversal of the revocation
order following presentation of the FAA's case in chief. Judge
Mullins granted Winton's motion for a directed verdict finding that
the FAA's case had "no merit."
After considering the testimony and exhibits, Judge Mullins
stated that there was "no evidence presented" by the FAA to prove
that Tarascio violated any regulations.
"This is a rare decision," said Winton. "Only one percent of
emergency orders of revocation are reversed."
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