FAA threatens Aery with $15.7M civil penalty for unsafe operations

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The Federal Aviation Administration (FAA) recently proposed a $15.7 million civil penalty against Newport News, Va., based Aery Aviation LLC for unsafe operations using unairworthy aircraft.

A letter was sent to Aery and the company has 30 days from its receipt to respond. In the letter, the FAA alleges Aery installed equipment on various Learjets for banner- and target-tow operations without performing the required maintenance or maintaining the required documentation.

Regulations require aircraft with that type of installed equipment be placed in a restricted category. The aircraft are not permitted to be flown over densely populated areas, in congested airways, or near airports that serve passengers without an FAA waiver. The FAA alleges Aery’s use of unairworthy aircraft was careless or reckless and endangered lives and property.

In addition, the FAA alleges, Aery failed to obtain restricted-category airworthiness certificates for the aircraft and operated 431 flights between July 2021 and April 2022 without the required airworthiness certificates. An additional 945 flights were made with target-tow and/or electronic-warfare equipment installed despite not having obtained an FAA waiver.

Most of the flights took place near the Newport-News Williamsburg Airport Class D airspace.

Following installations and placement into the restricted category, Aery was required to document that maintenance personnel had approved the aircraft for return to service.