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."

FMI: www.ntsb.gov, www.faa.gov