FAA Proposes $15.7 Million Penalty Against Virginia Operator

Agency alleges unapproved equipment installations and restricted-category violations.

FAA Proposes $15.7 Penalty Against Virginia Operator
[Credit: FAA]
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Key Takeaways:

  • The FAA proposed a $15.7 million civil penalty against Aery Aviation for allegedly installing target-tow and electronic-warfare equipment on Learjets without performing required maintenance, documenting return-to-service approvals, or obtaining proper airworthiness certification.
  • The agency alleges Aery operated these unairworthy aircraft on 431 flights without the required restricted-category airworthiness certificates.
  • Aery is also accused of conducting an additional 945 flights with the equipment installed without securing waivers, many of which occurred near a major passenger airport.
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The Federal Aviation Administration announced a proposed $15.7 million civil penalty against Aery Aviation of Newport News, Virginia, Monday. The administration alleged the company installed target-tow and electronic-warfare equipment on multiple Learjets without performing required maintenance, documenting return-to-service approvals, or obtaining proper airworthiness certification. The FAA alleges the aircraft were then operated despite being unairworthy and subject to operational restrictions that were not authorized.

Aery Aviation provides aircraft modification and special-mission aviation services for government and commercial customers.

Target-tow and electronic-warfare equipment is typically used in military and defense-related training missions, including weapons testing, threat simulation, and radar or communications evaluation. Aircraft configured for those missions are generally certificated in the restricted category because the equipment alters aircraft performance and operating risk, limiting where and how the aircraft may be flown.

According to the agency, the equipment installations required the aircraft to be placed in the restricted category, which limits operations over congested areas, in congested airways, and near airports serving passenger traffic unless an FAA waiver is granted. The FAA alleges Aery failed to obtain restricted-category airworthiness certificates and operated the aircraft on 431 flights between July 2021 and April 2022 without the required certificates. 

During the same period, the agency alleges Aery conducted an additional 945 flights with the equipment installed without securing a waiver permitting those operations. Most of the flights occurred near Newport News Williamsburg International Airport within Class D airspace that supports extensive passenger operations, the FAA said. Aery has 30 days from receipt of the FAA’s enforcement letter to respond to the allegations.

Matt Ryan

Matt is AVweb's lead editor. His eyes have been turned to the sky for as long as he can remember. Now a fixed-wing pilot, instructor and aviation writer, Matt also leads and teaches a high school aviation program in the Dallas area. Beyond his lifelong obsession with aviation, Matt loves to travel and has lived in Greece, Czechia and Germany for studies and for work.

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Replies: 4

  1. The most dangerous aviation transgression imaginable, missing paperwork.

  2. This is kind of rich as one govt agency going after another. If you have a DoW contact, especially one involving aviation, you have Contract Officer Representatives (CORs) that are supposed to be monitoring compliance and safety, and approving operations. This means the FAA is going after DoW more than Aery Aviation.

  3. Avatar for ME962 ME962 says:

    Aery’s website list Steve Walton DER, Waltons bio states Degree from embry riddle. embry riddle states Walton attended but has NO degree. Walton was the mastermind behind the failed “Baysys” group of companies who left 9 million in unpaid debts. Walton was sued in Virginia for fraud by Investor Group Redstone Capitol, who also reported Walton in writing to the FAA MIDO for alleged fraud on STC’s, all on the public record. Walton was also an owner of the failed Tempus Jet group which was sued for millions by the Swedish Investor Billionaire. How Walton received and has maintained a DER status is a great mystery of modern Aviation, to all who have dealt with him. DO NOT loan Walton money!!!

  4. Avatar for ME962 ME962 says:

    It means they both have been mislead and fooled by Mr Leslie Steven Walton, partial owner, DER, IA and Director of Maintenance at Aery. Look him up in the Virginia Court system

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