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Order 2005-3-17 - Tradewind Aviation - Consent Order
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Tradewind Aviation, LLC Order 2005-03-17 Issued and Served March 9, 2005 This consent order concerns unauthorized scheduled passenger service as a commuter air carrier by Tradewind Aviation, LLC, that constitutes violations of 49 U.S.C. 41101, 41712, and 41738 and 14 CFR Part 298. This consent order directs Tradewind to cease and desist from further violations of these statutory provisions and federal regulation and to pay a compromise civil penalty of $40,000. Tradewind has a fleet of three cessna Grand caravans, one Pilatus PC‑l2, and two Beech King Air 200's, all of which seat between six and nine passengers. The carrier has been engaging in unauthorized commuter air service using these aircraft since at least April 2004, when it launched its seasonal "Nantucket Shuttle" on routes between Nantucket, Massachusetts, and Teterboro, New Jersey, as well as between Nantucket and White Plains, New York. The Nantucket Shuttle operated pursuant to a schedule posted on Tradewind's Internet website, which listed 62 weekly "proposed" times for "shared charter" flights on its Nantucket‑Teterboro and Nantucket‑White Plains routes. The website included a disclaimer that a particular flight would take place only if there were at least five passenger bookings. Ultimately, on both routes, the carrier conducted a significant number of the 62 weekly flights shown on its schedule‑a number well in excess of the four‑flight‑per‑route weekly maximum allowed for air taxis that have not been found fit by the Department to provide scheduled passenger service as a commuter air carrier. By: Rosalind Knapp
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