Servicios Aereos Profesionales, S.A.

Order 2006-2-10
OST-2005-22601 - Complaint Against Embraer Aircraft, Embraer Finance Ltd., John Doe and Jane Doe - Fraud, Breach of Contract, Misleading, False Representation and Warranties

Issued and Served February 16, 2006

Order Dismissing Complaint

As a preliminary matter, we agree with Embraer that an enforcement proceeding before the Office of the Secretary of Transportation is an inappropriate forum to resolve the issues raised by SAPSA’s Complaint. As Respondents argue, third-party complaints filed with the Assistant General Counsel for Aviation Enforcement and Proceedings pursuant to 14 CFR 302.404(a) are for violations of the economic regulatory provisions of the Statute or related rules, regulations, orders or other requirements concerning the sale or provision of air transportation. Complaints relating to violations of the Statute or regulations or orders concerning the aviation safety duties and powers administered by the Administrator are to be filed with him or her under 14 CFR 13.5(a).

Furthermore, even if the Complaint was properly filed with the Secretary of Transportation, and it was not, it should be dismissed because we believe that the Department’s enforcement authority and resources should be used to protect the public interest and not merely to resolve private grievances. Here the public was not harmed by Embraer’s actions. The gravamen of SAPSA’s Complaint, which it admits, is a commercial dispute between SAPSA and the Respondents over the sale of an aircraft. We will not launch or pursue an enforcement action solely to vindicate a private contract right.

By: Samuel Podberesky