Darby Aviation Fights FAA Suspension Order

 - April 27, 2010, 3:52 PM

In a five-page response to the FAA’s April 23 emergency order to suspend Darby Aviation’s Part 135 charter certificate, the company’s lawyers–Anderson and Weidner of Birmingham, Ala.–maintain that the action is “frivolous and designed to harass.” According to the letter, “Particular individuals at the Birmingham FSDO have conspired to put Darby Aviation out of business. It appears the motive behind this conspiracy relates to the 2005 Platinum accident in Teterboro, New Jersey.” Platinum Jet was operating under Darby’s Part 135 certificate at the time of the accident, though the letter explains, “Platinum did not obtain the proper authorizations from Darby before conducting the subject flight.” The Teterboro FSDO sought to suspend Darby Aviation’s Part 135 certificate after the accident for failing to maintain operational control, but an NTSB administrative law judge found Darby innocent. Ever since then, the letter continues, “The Birmingham FSDO began launching numerous frivolous attacks upon Darby Aviation, its pilots, mechanics and director of operations,” and then lists several actions brought by the FSDO against the company, some of which have been dismissed. The latest FAA action to suspend Darby’s Part 135 certificate stems from claims about insufficient manuals, which Darby disputes. “Darby Aviation has appealed this improper certificate suspension and will appeal any other frivolous and unfounded orders entered by the Administrator or the FAA,” the letter concludes.