"The Acting Administrator Finds That You Lack The Qualifications Necessary To Hold Any And All Of Your FAA Issued Pilot Certificates"
ANN RealTime Update, 11.17.12, 0011 ET: Well... the ever narcissistic David Riggs has popped up up with quotes in some West Coast media reports, as expected, and states that, "We've done nothing wrong." The AP reports Riggs claiming that his Boulder City operations were legal under a supposed motion picture and television waiver... an explanation both expected and already repudiated by the FAA. Such operations would not apply to the actions investigated in Boulder City and similar versions of this scam have been turned aside by the Feds on a number of occasions. The same explanation is expected for his current and overtly dangerous scam involving so-called Warbird Adventure rides in uncertified Amateur Built-Experimental airplanes (Lancairs) and we are assured by the FAA that those defenses will be fruitless as well. Those flights, and a number of other events and actions are still under investigation by the FAA as well as other State and Federal authorities. Riggs
claims that he will fight the Emergency Revocation order with an appeal to the NTSB... the same agency that has previously upheld prior penalties against this errant aero-conman...
Original Report, 11.16.12, 0900 ET: It was a long time coming, but the FAA has dropped the hammer on the infamous David G Riggs. An Emergency Revocation Order has been issued against Riggs in which the FAA has finally thrown the book at a man described by ANN (and many others) as one of the most dangerous men in aviation.
The Letter states that, "Under 49 U .S.C. Section 461 05( c), the Acting Administrator has determined that an emergency exists related to safety in air commerce. This determination is based on your lack of qualification to hold your Commercial pilot certificate, or a FAA issued pilot certificate of any kind, because of the nature and seriousness of the violations set forth in this Order.
On or about May 18, 2012, you operated N139CK, an experimental certificated aircraft, in the vicinity of Boulder City Airport, Boulder City, Nevada. You operated N139CK on three separate passenger-carrying flights for compensation or hire, when you knew you were not allowed to conduct such flights. These three flights were conducted as formation flights with another experimental certificated aircraft, thus further increasing the overall risk of these flights. Less than two weeks before, you specifically told FAA Aviation Safety Inspectors that you were not carrying passengers for compensation or hire.
Additionally, you had at least one more passenger-carrying formation flight scheduled for compensation or hire immediately upon the conclusion of your third flight. You deliberately operated your experimental certificated aircraft in this reckless manner when you knew such flights were prohibited by both the Federal Aviation Regulations and NI39CK's operation limitations. Your operation of N 139CK as alleged demonstrates a reckless disregard for the safety and property of others that is inconsistent with the requisite care, judgment, and responsibility required of a holder of a pilot certificate of any kind.
Furthermore, you have a history of committing other violations that indicate you put your own economic gain over aviation safety and compliance with Federal Aviation Regulations. On January 12, 2008, your Private Pilot Certificate was revoked for deliberately violating numerous Federal Aviation Regulations involving the operation of N139CK, the same aircraft involve in these violations. The regulatory violations leading to the revocation of your pilot certificate were also related to you promoting your personal economic interests over aviation safety. In this case, you were willing to sacrifice the safety of others for your own personal financial gain by charging for flights in N139CK. Your enforcement history of deliberately compromising aviation safety demonstrates that you lack the qualifications to hold any FAA issued pilot certificate. Your repetitive, violative conduct reflects an airman who is unwilling (or unable) to comply with basic regulatory requirements governing airmen.
Based on the foregoing circumstances, the Acting Administrator is of the opinion that an emergency requiring immediate action exists with respect to safety in air commerce, and he has determined that safety in air commerce and the public interest require the immediate revocation of your Commercial Pilot Certificate, and any other FAA issued pilot certificates you hold, on an emergency basis, and during the pendency of any appeal before the National Transportation Safety Board. Emergency action in this case is a safety measure that provides immediate protection to the public. Moreover, it is long standing FAA policy to declare an emergency under 49 U.S.C. Section 46105(c) when, in circumstances such as those alleged in this Order, the Acting Administrator determines that the certificate holder lacks the qualifications to hold a FAA issued pilot certificate.
In conclusion, the Acting Administrator has determined that under the criteria of FAA Order 2150.3B, Chapter 7, pages 1-3, your conduct as alleged in this order demonstrates that you presently lack the degree of care, judgment, and responsibility required of the holder of any FAA issued pilot certificate. The Acting Administrator, therefore, finds in accordance with 49 U.S.C. section 46105(c) and the guidance found in FAA Order 2150.3B, Chapter 6, pages 7-10, that the exercise of the privileges of your FAA issued pilot certificates while any proceedings related to the issuance of this Order are pending is contrary to the interest of safety in air commerce."
Riggs' options, at the moment, are limited. According to the Emergency Document, "Effective immediately, (Riggs') Commercial Pilot Certificate (Number blacked out), and any other FAA issued pilot certificates you hold are hereby revoked on an emergency basis;
(b) Said certificates be surrendered immediately by mail or delivery to the Regional Counsel of the Federal Aviation Administration, Post Office Box 92007, Los Angeles, CA 90009, or at the Office of the Regional Counsel, Room 6007, 15000 Aviation Boulevard, Hawthorne, California, 90250; and
(c) No application for a new airman pilot certificate shall be accepted from you, nor shall any airman pilot certificate be issued to you, for a period of one year from the date of service of this Order.
If you fail to surrender your certificates immediately, you will be subject to further legal enforcement action, including a civil penalty of up to $1,100 a day for each day you fail to surrender them."
ANN is analyzing information about this action right now and will be updating this story, as appropriate, through the day, once we have a chance to digest all aspects of this process.
Stay tuned... this is going to get VERY interesting. There IS more to come...