The NTSB recently upheld a civil penalty against an airman who was caught flying after his airman certificate was revoked. In Administrator v. Broff, the FAA imposed a $2,000.00 civil penalty against Mr. Broff for violating FAR 61.3(a) when he operated five flights (three of them carrying a passenger) without an airman certificate. Mr. Broff’s airman certificate was previously revoked by the FAA for reasons not provided in the opinion.
Apparently Mr. Broff flew a passenger from Saint Maarteen, Netherland Antilles to Kingston, Jamaica to Fresh Creek, Bahamas, to Fort Lauderdale-Hollywood International Airport (FLL), Fort Lauderdale, FL. When he arrived in Florida, he instructed his passenger to complete the required Customs forms and to indicate that the passenger was the pilot in command of the aircraft. Mr. Broff then flew two more flights in Florida.
When the FAA caught up with him, Mr. Broff claimed that his passenger was the actual pilot in command on the first three flights and also claimed that he had another pilot with him for the last two flights (although he wouldn’t identify that pilot). Neither the FAA nor the administrative law judge bought his story and a $2,000.00 civil penalty was assessed against Mr. Broff.
The moral of the story is that the FAA is able to enforce the FAR’s against a pilot even after his or her certificates have been revoked. Once the airman certificates are gone, the FAA will go after the former airman’s pocketbook. Best to obey the regulations and protect your privilege of flying aircraft.
